ROCHELLE LEE JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Rochelle Jones appealed the revocation of her drug-offender probation. The Florida appellate court affirmed the revocation decision but remanded for correction of the written revocation order to match the trial court's oral pronouncement at the violation hearing.
A written order of revocation must conform to the oral pronouncement at the hearing. The court affirmed the revocation decision but remanded because the written order did not match the oral pronouncement regarding which conditions were violated.
[1] A written order of revocation must conform to the oral pronouncement made at the hearing.
[2] A court may affirm a decision to revoke probation while remanding for correction of the written revocation order to match the oral pronouncement.
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Join FLexlaw to unlock all legal intelligence“A written order of revocation must conform to the oral pronouncement at the hearing.”
Establishes the core legal principle governing the appellate review and remand decision.
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Join FLexlaw to unlock all legal intelligenceIn September 2015, Jones's probation officer filed an affidavit charging her with one violation of condition nine for failure to comply with probation…
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Rochelle Jones challenges the revocation of her drug-offender probation and resulting. sentences in this appeal that is proceeding pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm without comment and remand solely to have the .trial cpurt enter ,a written revocation order that matches its oral pronouncement . after the violation hearing..
In September 2015, Ms. Jones’ probation officer filed an affidavit of violation , of probation charging Ms. Jones with one violation of condition nine for her failure to comply with the instructions of her probation officer and two violations of condition eleven for twice refusing to submit to random testing as directed by her probation officer. The violations stemmed from an incident during which Ms. Jones attempted to “defraud a drug test” and, failed to remain at the probation office to take a subsequent test despite receiving instructions from her probation officer to do so.
After an evidentiary hearing on November 5, 2015, the trial court orally pronounced that Ms. Jones had violated condition eleven of her drug-offender probation and sentenced her to forty-four months’ prison. The written order of revocation subsequently entered by the trial court, however, states that Ms. Jones committed one violation of condition- nine and two violations of condition twelve. “A written order of revocation must conform to the oral pronouncement at the hearing.” Narvaez v. State, 674 So.2d 868, 869 (Fla. 2d DCA 1996); see also Margolis v. State, 148 So.3d 532, 532 (Fla. 2d DCA 2014) (remanding for the entry of a. corrected order of revocation to reflect the conditions of probation the defendant admitted violating). Thus, although we affirm the trial court’s decision to revoke Ms. 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)…ocation of Ciera Monique Allen’s drug offender probation 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…
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Int'l Ass'n OF Firefighters Local S-20 v. State, 257 So. 3d 364 (Fla. 2018)…PER CURIAM. We have for review the decision of the First District Court of Appeal in International Association of Firefighters Local S-20 v. State , 221 So. 3d 736 (Fla. 1st DCA 2017). After further consideration, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding. [*365] It is so ordered. CANADY, C.J., and POLSTON, LABARGA…1 / 2
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Negron v. State, 257 So. 3d 1226 (Fla. 2d DCA 2018)…ondition five violations that were never alleged or mentioned at the evidentiary hearing, includes the condition ten violation that the trial court found, and reflects that the violations were found after an evidentiary hearing. See Jones v. State, 221 So. 3d 736, 736 (Fla. 2d DCA 2017) (remanding for entry of a revocation order conforming to the oral pronouncement of the condition violated); Hamilton v. State, 128 So. 3d 177, 177 (Fla. 2d DCA 2013) (remanding to correct revocation order that incorrectly sta…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Narvaez v. State, 674 So. 2d 868 (Fla. 2d DCA 1996)
- Harrison Bradley Margolis v. State, 148 So. 3d 532 (Fla. 2d DCA 2014)
- Symes v. State, 193 So. 3d 1067 (Fla. 2d DCA 2016)