ROBERT BLAKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2016-04-15
No. 1D14-5260
ROBERTS, C.J., MAKAR and OSTERHAUS, JJ., concur.
187 So. 3d 1291 Florida District Court of Appeal, First District (2016) Positive Treatment
Cited by 1 case

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Holding

The court held that where a written order of revocation of probation conflicts with the oral pronouncement, the written order must be conformed to the oral pronouncement.


Facts & Procedural History

The State filed an affidavit alleging violations of probation conditions. Appellant was convicted of one new law offense but acquitted of another. The…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The State filed an Affidavit of Violation of Probation alleging appellant violated Condition 5 of an Order of Probation by committing two new law offenses. The affidavit also alleged that appellant violated Condition 10 of the Order of Probation by failing to pay for costs of supervision and court costs. Appellant was subsequently convicted of one of the new law violations and acquitted of the other. In Blake v. State, Case No. 1D14-3888, 2016 WL 1359350 (Fla. 1st DCA 2016), we per curiam affirmed appellant’s conviction for the new law violation; therefore, we affirm the revocation of probation on Condition 5, However, we write to address appellant’s second issue on appeal in which he argues that the written Order of Revocation of Probation does not conform to the oral pronouncement.

During the Violation of Probation hearing, the trial court orally pronounced that *1292appellant was in violation of Condition 5, but not in violation of Condition 10. The written Order of Revocation of Probation stated that appellant violated Conditions 5 and 10 of the Order of Probation.

“Where there is a discrepancy between the oral pronouncement and the written sentence, we should remand for the trial court to conform the written sentence to the oral pronouncement.” Frost v. State, 769 So.2d 443, 444 (Fla. 1st DCA 2000). Accordingly, this case is remanded with instructions for the written Order of Revocation of Probation to be conformed to the oral pronouncement.

AFFIRMED and REMANDED for correction.

ROBERTS, C.J., MAKAR and OSTERHAUS, JJ., concur.


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