KYLE EUSTACE
v.
STATE
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A trial court's oral dismissal of a condition violation must be corrected in the written order when the written order states otherwise.
[1] A scrivener's error in a trial court's written order that contradicts the court's oral ruling may be corrected on remand to ensure the written order reflects the actual j…
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Join FLexlaw to unlock all legal intelligenceKyle Eustace appealed a trial court decision in Volusia County. The trial court orally dismissed a condition violation but the written order contradic…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
KYLE EUSTACE,
Appellant,
v. Case No. 5D17-2465
STATE OF FLORIDA,
Appellee.
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Opinion filed May 4, 2018
Appeal from the Circuit Court for Volusia County, Terence R. Perkins, Judge. Paula C. Coffman and Jeffrey D. Deen, of Office of Criminal Conflict & Civil Regional Counsel, Orlando, and Lori D. Loftis, Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm but remand for correction of a scrivener’s error. See Daniels v. State, 200 So. 3d 195, 196 (Fla. 5th DCA 2016). The trial court orally dismissed the condition 2 (9) violation but the written order states otherwise. Accordingly, we remand this cause for correction of the order. AFFIRMED AND REMANDED. COHEN, C.J., TORPY and WALLIS, JJ., concur.