ANTONIO GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a written order of probation revocation must conform to the trial court's oral pronouncement, and affirmed the revocation itself.
The defendant's probation was revoked based on allegations of vehicular theft, forgery, and operating a business without a license. The trial court or…
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The defendant seeks review of the trial court’s order revoking his probation and his consequent sentence pursuant to a previously entered plea agreement. We affirm the revocation, but remand to have the written order of revocation amended to reflect the trial court’s oral pronouncement.
In May 2013, the defendant entered into a plea agreement as to five separate criminal cases and was sentenced to a prison term followed by ten years of probation. While the defendant was serving his probation, the State filed an information which ultimately served as the basis for revoking the defendant’s probation. The information alleged: (1) third degree vehicular grand theft; (2) forgery or alteration of certificate of title or cancellation of lien; and (3) operating a business without a license.
Following the probation revocation hearing, the trial court orally pronounced its findings that the defendant committed a willful and substantial violation of probation by perpetrating vehicular theft and title fraud. No findings relating to the count of operating a business without a license appear in the transcript of the court’s oral pronouncement. The written order of probation revocation, however, reflects that the defendant committed all three of the alleged probation violations. The written order of revocation must correctly reflect the trial court’s oral pronouncement. See Harvey v. State, 129 So.3d 1165, 1166 (Fla. 3d DCA 2014); Salvatierra v. State, 691 So.2d 32, 32 (Fla 3d DCA 1997) (“A written order of probation revocation must conform to the court’s oral pronouncement at a defendant’s probation revocation hearing.”). Accordingly, we remand for correction of the written order of revocation so that it conforms to the court’s oral pronouncement.
*236Affirmed in part, reversed in part, and remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hernandez v. State, 254 So. 3d 1091 (Fla. 3d DCA 2018)…of error concedes as much and requests that the matter be remanded to the trial court for the sole purpose of correcting the written revocation order in order to conform to the trial court’s oral pronouncement. We agree. See Gonzalez v. State, 217 So. 3d 235, 235 (Fla. 3d DCA 2017) (remanding with instructions “for correction of the written order of 3 revocation so that it conforms to the court’s oral pronouncement.”); see also Jones v. State, 686 So. 2d 701 (Fla. 3d DCA 1996) (citing Cushion v. Sta…
Authorities Cited
- Salvatierra v. State, 691 So. 2d 32 (Fla. 3d DCA 1997)
- Harvey v. State, 129 So. 3d 1165 (Fla. 3d DCA 2014)