JUSTIN HULSE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Justin Hulse (“Hulse”) appeals the trial court’s revocation of his community control and sentence.
We affirm without discussion the revocation and sentence as the State proved by a preponderance of the evidence each violation relied on by the trial court to revoke Hulse’s community control. However, we remand the case to the trial court for entry of a written order to conform to the trial court’s oral pronouncement. See Owens v. State, 141 So.3d 259 (Fla. 8d DCA 2014); Brown v. State, 127 So.3d 831 (Fla. 3d DCA 2013); see also Thompson v. State, 965 So.2d 1250, 1251 (Fla. 1st DCA 2007) (“When a conflict exists between an oral revocation pronouncement and the written order revoking probation, the oral pronouncement will control.”).
Order and sentence affirmed; remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mitchell v. State, 42 Fla. L. Weekly D2286 (Fla. 3d DCA 2018)…. 3d 831, 831 (Fla. 3d DCA 2013); accord Centano v. State, 880 So. 2d 1277, 1278 (Fla. 3d DCA 2004); McCloud v. State, 653 So. 2d 453, 455 (Fla. 3d DCA 1995); see also, e.g., Joachin v. State, 199 So. 3d 439-40 (Fla. 3d DCA 2016); Hulse v. State, 170 So. 3d 911, 912 (Fla. 3d DCA 2015); Burt v. State, 931 So. 2d 1005, 1006 (Fla. 3d DCA 2006); Wilcox v. State, 919 So. 2d 609, 609 (Fla. 3d DCA 2006). Where a trial court fails to enter a written order of revocation of 1 The trial court sentenced Mitchell t…
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Saladin v. State, 194 So. 3d 471 (Fla. 3d DCA 2016)…revoke Saladin’s probation. However, we remand [*472] the case to the trial court for entry of a written order to conform to the trial court’s oral pronouncement, a necessary step which the trial court failed to do in this case. See Hulse v. State, 170 So. 3d 911, 912 (Fla. 3d DCA 2015); Owens v. State, 141 So. 3d 259 (Fla. 3d DCA 2014); Brown v. State, 127 So. 3d 831 (Fla. 3d DCA 2013). ,The order and sentence are affirmed; the case is remanded with directions.…
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Clandyve Simon v. State, 206 So. 3d 766 (Fla. 3d DCA 2016)…AREZ, C.J. Clandyve Simon appeals the trial court’s revocation of his probation and imposition of sentence. We affirm the revocation and the sentence, but remand solely for the purpose of the trial court’s entry of a written order. Hulse v. State, 170 So. 3d 911 (Fla. 3d DCA 2015), and cases cited therein. Order and sentence affirmed, remanded with directions.…
Authorities Cited
- Brown v. State, 127 So. 3d 831 (Fla. 3d DCA 2013)
- Aaron v. Thompson, 965 So. 2d 1250 (Fla. 1st DCA 2007)
- Owens v. State, 141 So. 3d 259 (Fla. 3d DCA 2014)