TREVOR EWELL THOMAS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-11-06
No. 17-5045
Peters, Garry, Rose, Clark, Mulvey
255 So. 3d 997 Florida District Court of Appeal, First District (2018)

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Holding

When a trial court's written revocation order conflicts with its oral pronouncement regarding the number of probation violations, the order must be corrected to conform to the oral statement.


Headnotes

[1] When a trial court's written probation revocation order conflicts with the court's oral pronouncement regarding the number of probation violations found, the written orde…

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Facts & Procedural History

Trevor Ewell Thomas's probation was revoked after he violated multiple conditions. The trial court orally pronounced specific numbers of violations, b…

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Opinion of the Court

November 6, 2018 PER CURIAM. We affirm the revocation of Appellant’s probation and his resulting sentence without discussion, but we remand for entry of a corrected revocation order that conforms to the trial court’s oral pronouncement that Appellant committed one violation (not two) of condition 3, one violation of condition 7, and two violations (not six) of condition 5. Appellant need not be present.

AFFIRMED and REMANDED with instructions. WETHERELL, ROWE, and WINOKUR, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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