OSCAR GLENN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Oscar Glenn appeals the revocation of his probation, challenging the trial court's failure to provide written findings that he poses a danger to the community as required by Florida Statute 948.06(8)(e). The court affirmed the revocation based on oral findings but remanded for the trial court to enter a written order conforming to its oral pronouncements.
The trial court's oral findings satisfied the statutory requirement, so the revocation of probation is affirmed. However, because the trial court failed to reduce its reasons to writing, the case is remanded for the trial court to enter a written order conforming to its oral pronouncements.
[1] A trial court's oral pronouncement of findings for probation revocation is sufficient to affirm the revocation, even if those findings are not reduced to writing.
[2] A trial court must provide written findings when revoking probation for a violent felony offender of special concern who poses a danger to the community.
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Join FLexlaw to unlock all legal intelligence“Section 948.06(8)(e)l, Florida Statutes, requires that a trial court make written findings regarding whether a violent felony offender of special concern poses a danger to the community.”
Establishes the statutory requirement at issue in the appeal
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Join FLexlaw to unlock all legal intelligenceIn 2014, Glenn pleaded guilty to one count of sale of cocaine within 1,000 feet of a place of worship and two counts of solicitation to commit witness…
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Oscar Glenn appeals an order revoking his probation. He argues among other things that the trial court erred by not providing written reasons for its finding "that he poses a danger to the community under section 948.06(8)(e), Florida Statutes. The trial court orally made the statutorily required factual findings, so we affirm the revocation of probation. But we remand for correction of the trial court’s written order, so that it can be conformed to the trial court’s oral pronouncement.
In 2014, Appellant pled guilty to one count of sale of cocaine within 1,000 feet of a place of worship and two counts of solicitation to commit witness tampering. He was sentenced to probation. In March, 2016, the State filed an affidavit alleging that Appellant violated the terms of his probation. The trial court conducted a hearing and revoked his probation. At the sentencing hearing, the trial court revoked Appellant’s probation and sentenced him to 133.8 months in prison on the first count, and five years in prison on the other two counts, to run concurrent with the sentence for count one. Although the trial court orally stated several reasons for its decision to revoke Appellant’s probation, it did not reduce any of them to writing. This appeal followed.
Section 948.06(8)(e)l, Florida Statutes, requires that a trial court make written findings regarding whether a violent felony offender of special concern poses a danger to the community. Because here the trial court articulated several reasons- that satisfy the statute, we affirm the revocation of Appellant’s probation. But because the trial court did not reduce its reasons to writing, we reverse and remand with instruc-. tions that the trial court enter a written order that conforms to its oral pronouncements. See Arnone v. State, 204 So.3d 556, 557 (Fla. 4th DCA 2016); Bell v. State, 150 *1011So.3d 1214 (Fla. 5th DCA 2014); Martin v. State, 87 So.3d 813 (Fla. 2d DCA 2012). We also affirm with respect to Appellant’s second, sentencing scoresheet-related argument.
AFFIRMED in part, REVERSED in part, and REMANDED.
WETHERELL, OSTERHAUS, and M.K. THOMAS, JJ., CONCUR.
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Brown v. State, 225 So. 3d 399 (Fla. 5th DCA 2017)…violent felony offender of special concern. “Section 948.06(8)(e)1, Florida Statutes, requires that a trial court make written findings regarding whether a violent felony offender of special concern poses a danger to the community.” Glenn v. State, 219 So. 3d 1010, 1010 (Fla. 1st DCA 2017). At the revocation hearing, Appellant’s status [*400] as a violent felony offender of special concern was never mentioned. The trial court did not orally find that Appellant was.a danger to the community and did not make an…
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Powell v. State (Fla. 1st DCA 2024)…ger to the community. § 948.06(8)(e), Fla. Stat. Such findings are absent here. Accordingly, we remand for the entry of a written order making the required statutory findings. See Gettis v. State, 289 So. 3d 560 (Fla. 1st DCA 2020); Glenn v. State, 219 So. 3d 1010 (Fla. 1st DCA 2017). AFFIRMED in part, REVERSED in part, and REMANDED. OSTERHAUS, C.J., and ROWE and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330…
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Mobley v. State (Fla. 1st DCA 2020)…ally articulated valid grounds for designating Mobley as a violent felony offender of special concern but did not make a written finding, we affirm but remand for entry of a written order that conforms to its oral pronouncements. See Glenn v. State, 219 So. 3d 1010 (Fla. 1st DCA 2017). AFFIRMED and REMANDED. ROBERTS, OSTERHAUS, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. __________________…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Arnone v. State, 204 So. 3d 556 (Fla. 4th DCA 2016)
- Martin v. State, 87 So. 3d 813 (Fla. 2d DCA 2012)
- Bell v. State, 150 So. 3d 1214 (Fla. 5th DCA 2014)