MENDOZA
v.
STATE
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A written probation revocation order must accurately reflect the trial court's oral pronouncement of judgment.
[1] A written probation revocation order must conform to and reflect the trial court's oral pronouncement of judgment.
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Join FLexlaw to unlock all legal intelligenceBrianna Mendoza was found in violation of her probation. She appealed the probation violation finding and sentence, though she did not challenge the v…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
BRIANNA C. MENDOZA, ) ) Appellant, ) ) v. ) Case No. 2D17-2761 ) STATE OF FLORIDA, ) ) Appellee. ) )
Opinion filed August 24, 2018.
Appeal from the Circuit Court for Hendry County; Scott H. Cupp, Acting Circuit Judge.
Howard L. Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Jeffrey H. Siegal, Assistant Attorney General, Tampa, for Appellee.
BLACK, Judge.
Brianna Mendoza seeks correction of the order finding her in violation of her probation. She does not challenge the finding that she violated probation or the resulting sentence, and we affirm both without comment. But because the revocation order should reflect the oral pronouncement, we remand for the trial court to strike the revocation order and enter a corrected revocation order reflecting two condition 5 violations and conforming to the oral pronouncement in all other respects.
See Reed v. State, 127 So. 3d 817, 819 (Fla. 2d DCA 2013).
Affirmed; remanded with instructions.
LaROSE, C.J. and SALARIO, J., concur.