LASHAY ALEXANDER SMITH, JR.
v.
STATE OF FLORIDA

Fla. 2d DCA | 2019-02-08
No. 17-2268
Gerald Mann
264 So. 3d 1094 Florida District Court of Appeal, Second District (2019)

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Holding

A probation revocation order must conform in its written form to the trial court's oral pronouncement at the revocation hearing.


Headnotes

[1] A trial court's written probation revocation order must conform to the oral pronouncement made at the revocation hearing, and an amended order that deviates from such ora…

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Facts & Procedural History

Smith appealed the revocation of his probation. The trial court issued an amended order of revocation that deviated from its oral pronouncement regard…

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Opinion of the Court

PER CURIAM.

As Lashay Smith argues and the State concedes, the trial court's amended order of revocation of Smith's probation still deviates from the court's oral pronouncement at the revocation hearing concerning the conditions of probation that it found Smith to have violated. Accordingly, although we affirm the revocation of Smith's probation, we remand for the entry of a second amended order of revocation that fully conforms to the trial court's oral pronouncement at the revocation hearing.

Affirmed; remanded with directions.

SILBERMAN, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.


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