TERESA FOUST SYMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the trial court's disposition and sentence but remanded for correction of the written order to match the oral pronouncement.
The trial court held an evidentiary hearing on a community control violation. The court orally found a violation of condition fifteen (failure to repo…
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Teresa Symes seeks review of an order entered after an evidentiary hearing on a violation of community control. We affirm but remand for the court to enter a corrected order that conforms to the trial court’s oral pronouncement.
An evidentiary hearing was held on February 18, 2015. Following the hearing, the trial court orally found that any violation of condition three of Ms. Symes’ probation for changing her residence without permission was not' a substantial violation. However, the court found that a violation of condition fifteen of her community control for failing to report to her' community control officer on November 4, 2015, was both willful and substantial. Thus, the trial court found Ms. Symes to be in violation of her community control for failing to report. The trial court reinstated supervision and sentenced Ms. Symes to one year in the.county jail as a condition of continued supervision,..
We affirm, the disposition and sentence without further discussion but note that the written order does not conform to the oral pronouncement regarding the condition violated. Specifically, the written order states that Ms. Symes willfully and substantially violated condition three by changing her residence without first procuring consent. We remand this matter to the trial court with directions to enter a corree,ted order that conforms to the oral pronouncement. See Turner v. State, 873 So.2d 480, 481 (Fla. 2d DCA 2004).
*1068Affirmed and remanded with instructions.
SLEET and SALARIO, JJ., Concur.
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Jones v. State, 221 So. 3d 736 (Fla. 2d DCA 2017)…. Jones’ probation, we remand with instructions to enter a revocation order that conforms to the oral pronouncement that Ms. Jones was found to have committed a single violation of condition eleven of her drug offender probation. See Symes v. State, 193 So. 3d 1067 (Fla. 2d DCA 2016); Narvaez, 674 So. 2d at 869. Affirmed; remanded with instructions. NORTHCUTT and KELLY, JJ., Concur.…
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Ciera Monique Allen v. State, 228 So. 3d 681 (Fla. 2d DCA 2017)…and resulting sentence for possession of hydrocodone. We remand only for the trial court to correct the revocation order to conform to the trial court’s oral pronouncement. See Jones v. State, 221 So. 3d 736, 736 (Fla. 2d DCA 2017); Symes v. State, 193 So. 3d 1067, 1067 (Fla. 2d DCA 2016). An amended affidavit of violation of probation (VOP) was filed in January 2017 [*682] that alleged one violation of condition 2, two violations of condition 7, two violations of special condition 3, one violation' of spec…
Authorities Cited
- Turner v. State, 873 So. 2d 480 (Fla. 2d DCA 2004)