JONATHAN ANDREW BUCHANAN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2023-02-03
No. 2022-1265
355 So. 3d 543 Florida District Court of Appeal, Fifth District (2023)
Cited by 1 case

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

When an oral pronouncement of revocation conflicts with the written order, the oral pronouncement controls and the trial court must enter a corrected written order consistent with the conditions actually determined to have been violated.


Headnotes

[1] When an oral pronouncement of probation revocation conflicts with the written order, the oral pronouncement controls and the trial court must correct the written order to…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“Where the oral pronouncement of revocation conflicts with the written order, the oral pronouncement controls.”

Citation to Hart v. State, discussing the controlling effect of oral pronouncements in probation revocation proceedings.

Facts & Procedural History

Jonathan Andrew Buchanan appealed a judgment and sentence related to probation revocation. The trial court's written order stated that Appellant willf…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

WALLIS, J.

In this Anders1 appeal, we affirm Appellant’s judgment and sentence,

but remand for the trial court to correct the order revoking his probation. Specifically, although the trial court’s order states that Appellant willfully and substantially violated condition 10, the trial court's oral pronouncement was that a violation had not been proven. Consequently, we remand with instructions for the trial court to enter a corrected written order that comports with the conditions that were determined to have been violated. See Wasden v. State, 342 So. 3d 298 (Fla. 5th DCA 2022); Crichton v. State, 299 So. 3d 616 (Fla. 5th DCA 2020); Hart v. State, 252 So. 3d 1285, 1286 (Fla. 5th DCA 2018) (“Where the oral pronouncement of revocation conflicts with the written order, the oral pronouncement controls.”).

AFFIRMED AND REMANDED WITH INSTRUCTIONS. LAMBERT, C.J. and EVANDER, J., concur. 1 Anders v. California, 386 U.S. 738 (1967).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw