Hawthorne v. State, 583 So. 2d 425 (Fla. 1st DCA 1991). · Go Syfert
Hawthorne v. State, 583 So. 2d 425 (Fla. 1st DCA 1991). Cases Citing This Book View Copy Cite
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A written revocation order must conform to the oral pronouncement and must specify the specific conditions of probation or community control found to have been violated.

After a defendant's community control and probation were revoked following a hearing where only specific conditions were addressed, the trial judge orally announced findings of guilt regarding different, uncharged conditions and subsequently issued a written order citing different violations. The court must determine whether the revocation order is valid given the discrepancies between the oral pronouncement and the written order. Because a written revocation order must conform to the oral pronouncement and must specify the actual conditions found violated, the court reverses the order and remands the case for the entry of a written order specifying the conditions actually violated.

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Roger McCorven HAWTHORNE
v.
STATE of Florida
No. 90-2342.
District Court of Appeal of Florida, First District.
Aug 5, 1991.
Published opinion
583 So. 2d 425
1991 Fla. App. LEXIS 7480
1991 WL 146644
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant., Robert A. Butterworth, Atty. Gen., and Bradley R. Bisehoff, Asst. Atty. Gen., Tallahassee, for appellee.
Barfield, Joanos, Zehmer.
Cited by 2 opinions  |  Published
PER CURIAM.

Roger McCorven Hawthorne has appealed from an order of the trial court revoking community control and probation. We reverse, and remand for- clarification of the written revocation order.

In November 1989, Hawthorne was placed on community control and probation for possession of cocaine, marijuana and paraphernalia, and certain conditions were imposed. Condition (5) required Hawthorne to live without violating the law, (6) that he not use intoxicants to excess, and (20) that he receive drug counseling and evaluation as directed by his probation officer. In May 1990, an affidavit was filed alleging two violations of (5) (possession of crack, and resisting arrest without violence), and violations of (6) (based on positive urine tests) and (20) (missing drug counseling appointments).

At the subsequent hearing, it was decided that only evidence as to the alleged violations of (6) and (20) would be offered. At the end of the hearing, the trial judge orally announced that he found Hawthorne guilty of violating Conditions (4), which had not been charged, and (5), which had not been tried. Neither party objected to these misstatements. Based thereon, the judge revoked community control and probation, and sentenced Hawthorne to 3½ years incarceration. The subsequent written revocation order found that Hawthorne had violated Condition (5) twice. The order was therefore both inconsistent with the oral pronouncement, and was itself incorrect, in that the alleged violations of (5) were not tried.

A written revocation order must conform to the oral pronouncement at the hearing. Hamilton v. State, 578 So.2d 526 (Fla. 4th DCA 1991). However, there was no meaningful oral pronouncement in this case, in that Conditions (4) and (5) were clearly not at issue. Further, although the written revocation order purports to state grounds for revocation, it is also meaningless in light of the issues tried at the hearing.

[*426] In McClinton v. State, 576 So.2d 924 (Fla. 1st DCA 1991), the trial court failed both to make an oral pronouncement of the grounds for revocation, and to state such grounds in the written revocation order. This court reversed and remanded for entry of an amended written order specifying the conditions of probation which were found violated. McClinton at 925. Similarly, in the instant case, there was neither a meaningful oral pronouncement of the grounds for revocation, nor a written order stating grounds consistent with the allegations actually tried. As in McClinton, we therefore reverse and remand for entry of a written revocation order specifying the conditions of community control and probation found violated.

Reversed and remanded with directions.

JOANOS, C.J., and BARFIELD and ZEHMER, JJ., concur.