J.D. MURRAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CAMPBELL, Acting Chief Judge.
Appellant appeals his judgment and sentence following the revocation of his probation. We find no merit in his argument that the trial court erred in revoking his probation and affirm. We do find, however, that the order of probation incorrectly cites the condition violated.
Appellant was found to have violated condition “M” of his probation which prohibits contact with the victim or the victim’s family. Appellee concedes that the probation order lists the condition prohibiting contact as condition “Q”. Appellant is entitled to have the order corrected to reflect the trial court’s oral pronouncement. Boggs v. State, 557 So. 2d 203 (Fla. 2d DCA 1990).
Accordingly, we affirm the revocation of appellant’s probation, but remand for correction of the written order. FRANK and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reyes v. State, 44 So. 3d 216 (Fla. 2d DCA 2010)…this condition is listed as number 11 in the order of probation, the trial court found him in violation of condition 5. On remand, the trial court should correct the written order to reflect that Mr. Reyes violated condition 11. See Murray v. State, 692 So. 2d 965 (Fla. 2d DCA 1997). Accordingly, we affirm the revocation of probation and resultant sentence, but we remand for the trial court to correct the written order. ALTENBERND, VILLANTI, and KHOUZAM, JJ., Concur.…
Authorities Cited
- Lavaughn Boggs v. State, 557 So. 2d 203 (Fla. 2d DCA 1990)
- Johnson v. State, 557 So. 2d 203 (Fla. 5th DCA 1990)