BOBBY F. YOUNG
v.
STATE OF FLORIDA
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A written order of revocation of probation must conform to the trial court's oral pronouncement of which conditions were violated.
[1] A written order of probation revocation must conform with and reflect the trial court's oral pronouncement of which specific conditions were violated; any discrepancy mus…
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Join FLexlaw to unlock all legal intelligence“A written order of revocation of probation must conform with the trial court's oral pronouncement.”
Court's reasoning for remand
Bobby F. Young was placed on probation for drug possession. The trial court orally found he violated conditions one and five, but the written revocati…
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PER CURIAM.
Bobby F. Young appeals the revocation of his probation and
resulting sentence of 243.5 months in prison for the underlying
2
crime of possession of a controlled substance. We affirm the
revocation and resulting sentence without further comment.
However, we remand for the correction of a scrivener's error in the
revocation order. Although the trial court orally found that Mr.
Young had violated conditions one and five of his probation, the
revocation order indicates that Mr. Young violated conditions one,
two, three, five, nine, and ten. A written order of revocation of
probation must conform with the trial court's oral pronouncement.
See Williams v. State, 764 So. 2d 757, 758 (Fla. 2d DCA 2000).
Accordingly, we remand with directions that the order of revocation
be corrected to conform to the trial court's oral pronouncement.
Affirmed and remanded for correction of scrivener's error.
MORRIS, C.J., and SILBERMAN and LUCAS, JJ., Concur.
Opinion subject to revision prior to official publication.