At page 32 Conforming written probation revocation orders to oral pronouncements10 citing casesA written order of probation must conform to the trial court’s oral pronouncement at a defendant’s probation revocation hearing.
- Gonzalez v. State, 217 So. 3d 235 (Fla. 3d DCA 2017).published(A written order of probation revocation must conform to the court’s oral pronouncement at a defendant’s probation revocation hearing.)
- Henley v. State, 117 So. 3d 1125 (Fla. 3d DCA 2012).published(A written order of probation revocation must conform to the court’s oral pronouncement at a defendant’s probation revocation hearing.)
- Matthews v. State, 897 So. 2d 523 (Fla. 3d DCA 2005).published (A written order of probation revocation must conform to the court's oral pronouncement at a defendant's probation revocation hearing)
- Oliva v. State, 739 So. 2d 682 (Fla. 3d DCA 1999).published(A written order of probation must conform to the trial court’s oral pronouncement at a defendant’s probation revocation hearing.)
- Lazaro Oyanse Valdes v. The State of Florida, 389 So. 3d 670 (Fla. 3d DCA 2024).published“A written order of probation revocation must conform to the court’s oral pronouncement at a defendant’s probation revocation hearing”
- Leonel Alejandro Ramos-Argueta v. The State of Florida, 389 So. 3d 667 (Fla. 3d DCA 2024).publishedSee Salvatierra v. State, 691 So. 2d 32, 32 (Fla. 3d DCA 1997); Hernandez v. State, 254 So. 3d 1091, 1092 (Fla. 3d DCA 2018); Michel v. State, 289 So. 3d 522 , 523 (Fla. 3d DCA 2019).
- Tirrell v. State, 190 So. 3d 199 (Fla. 3d DCA 2016).published“A written order of probation revocation must conform to the court’s oral pronouncement at a defendant’s probation revocation hearing”
- Taramona v. State, 707 So. 2d 1194 (Fla. 3d DCA 1998).publishedSee Salvatierra v. State, 691 So.2d 32, 32 (Fla. 3d DCA 1997); Bryant v. State, 686 So.2d 784, 784 (Fla. 3d DCA 1997); Maddox v. State, 619 So.2d 473, 473 (Fla. 1st DCA 1993).
- Laffitte v. State, 16 So. 3d 315 (Fla. 3d DCA 2009).published
- Harvey v. State, 129 So. 3d 1165 (Fla. 3d DCA 2014).published
Other citing cases
- Lee v. State, 826 So. 2d 457 (Fla. 1st DCA 2002).published
- Masis v. State, 758 So. 2d 1290 (Fla. 3d DCA 2000).published
- Rogers v. State, 745 So. 2d 586 (Fla. 3d DCA 1999).published
v.
The STATE of Florida, Appellee.
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, and Donna F. Bostic, Certified Legal Intern, for appellee.
Before NESBITT, JORGENSON and SHEVIN, JJ.
PER CURIAM.
A written order of probation revocation must conform to the court's oral pronouncement at a defendant's probation revocation hearing. Narvaez v. State, 674 So.2d 868(Fla. 2d DCA 1996); Snell v. State, 658 So.2d 1165(Fla. 2d DCA 1995). Defendant here complains that the inclusion of the offense of possession of cocaine in his written order of probation violation was not supported by the evidence produced at his probation revocation hearing. Upon the state's confession of error, as well as our independent review of the record, we agree. Here, defendant's changing of his residence without informing his probation officer, his failure to file monthly probation reports, and his failure to make ordered payments for medical treatment received, all constitute sufficient evidence to satisfy the trial court's conclusion that the defendant violated his probation. See Johnson v. State, 667 So.2d 475 (Fla. 3d DCA 1996); Corona v. State, 642 So.2d 667 (Fla. 3d DCA 1994); Ordonez v. State, 408 So.2d 760 (Fla. 4th DCA), review denied, 419 So.2d 1200 (Fla.1982).
Consequently, the one violation as to which there was insufficient evidence is stricken. In all other respects, the order is affirmed.