WILLIE JAMES CHESTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the revocation of appellant's probation but remanded for correction of the written order to conform to the trial court's actual findings and to remove improper sentencing language.
A written order revoking probation must conform to the trial court's announced findings at the revocation hearing and cannot enlarge upon those findings.
[1] A written order revoking probation must be corrected to conform to the trial court's announced findings at the revocation hearing and cannot include violations as to whic…
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Join FLexlaw to unlock all legal intelligence“Since the court's order of revocation enlarged upon the announced findings of the trial court, the order must be corrected to conform to the findings of the trial court made at the hearing.”
Court explaining why the written order must be corrected to match the trial court's actual findings at the revocation hearing.
Appellant Chester was charged with violating three conditions of probation. At the revocation hearing, the trial court granted a motion for judgment o…
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PER CURIAM.
Upon review of the briefs and record on appeal, we find the appellant has failed to demonstrate reversible error; therefore, the revocation of appellant’s probation is affirmed.
However, we remand this case to the trial court to correct imperfections in both the order of revocation of probation and in the sentence. The affidavit filed against appellant alleged violations of conditions (4), (7), and (9), of the conditions of probation. During the course of the revocation hearing, the trial court granted appellant’s motion for a judgment of acquittal as to the alleged violations of conditions (7) and (9), but ruled that the allegation pertaining to the alleged violation of condition (4) was sustained. Yet the written order revoking appellant’s probation recited that appellant violated conditions (7) and (9) as well as condition (4). Since the court’s order of revocation enlarged upon the announced findings of the trial court, the order must be corrected to conform to the findings of the trial court made at the hearing. Sing Eng v. State, 350 So. 2d 559 (Fla. 2d DCA 1977). Also, the phrase “at hard labor” in the sentence is improper. Brooks v. State, 349 So. 2d 794 (Fla. 2d DCA 1977).
Remanded for correction of the sentence and the order of revocation of probation; otherwise affirmed. Appellant need not be present for this purpose.-
BOARDMAN, C. J., and RYDER and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980)…e. The written order must be corrected to conform to the oral pronouncement. Byrd v. State, 388 So. 2d 1362 (Fla.5th DCA 1980); Towson v. State, 382 So. 2d 870 (Fla.5th DCA 1980); Sampson v. State, 375 So. 2d 325 (Fla.2d DCA 1979); Chester v. State, 355 So. 2d 509 (Fla.2d DCA 1978); Sing Eng v. State, 350 So. 2d 559 (Fla.2d DCA 1977). REMANDED for correction of the sentence; otherwise AFFIRMED. DOWNEY, HERSEY and GLICKSTEIN, JJ., concur.…
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Baker v. State, 674 So. 2d 199 (Fla. 4th DCA 1996)…hat Baker committed the greater offense of sexual battery. This court has consistently held that oral pronouncements must emulate the written violation of probation order. Vann v. State, 441 So. 2d 1174 (Fla. 4th DCA 1983); citing Chester v. State, 355 So. 2d 509 (Fla. 2d DCA 1978); Baldasare v. State, 363 So. 2d 612 (Fla. 2d DCA 1978). In light of this discrepancy, we remand with instructions to correct this error. AFFIRMED IN PART AND REVERSED IN PART. STONE and SHAHOOD, JJ., concur.…
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Vann v. State, 441 So. 2d 1174 (Fla. 4th DCA 1983)…conditions of his probation while the written order found him guilty of violating all five conditions. The matter will thus be remanded to the trial court so that the written order may be made to conform to the oral pronouncement. Chester v. State, 355 So. 2d 509 (Fla. 2d DCA 1978); Baldasare v. State, 363 So. 2d 612 (Fla. 2d DCA 1978). On appeal, the defendant raises two issues: (1) a hearsay argument and (2) an argument based on insufficient evidence regarding ability to pay. We have reviewed the matter…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brooks v. State, 349 So. 2d 794 (Fla. 2d DCA 1977)
- ENG v. State, 350 So. 2d 559 (Fla. 2d DCA 1977)