CIERA MONIQUE ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the revocation of Allen's drug offender probation for possession of hydrocodone but remanded to correct the written revocation order to exclude a violation of special condition 7 that the trial court orally deleted.
A probation revocation order must be corrected to conform to the trial court's oral pronouncement when the written order includes violations the court stated it would delete.
[1] A probation revocation order must be corrected to conform to the trial court's oral pronouncement when the written order includes violations the court stated it would del…
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Join FLexlaw to unlock all legal intelligenceAllen's drug offender probation was revoked based on an amended violation of probation affidavit filed in January 2017 alleging multiple violations of…
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In this Anders1 appeal, we affirm the revocation of Ciera Monique Allen’s drug offender probation and resulting sentence for possession of hydrocodone. We remand only for the trial court to correct the revocation order to conform to the trial court’s oral pronouncement. See Jones v. State, 221 So.3d 736, 736 (Fla. 2d DCA 2017); Symes v. State, 193 So.3d 1067, 1067 (Fla. 2d DCA 2016).
An amended affidavit of violation of probation (VOP) was filed in January 2017 *682that alleged one violation of condition 2, two violations of condition 7, two violations of special condition 3, one violation' of special condition 7, and one violation of special condition 8. At the revocation hearing, the trial court stated that it would delete the violation of special condition 7, and Allen then admitted to violating the conditions in the amended VOP affidavit. But the written revocation order states that Allen admitted all conditions stated in the January 2017 amended VOP affidavit. Therefore, we remand for the trial court to correct the revocation order to indicate that Allen did not admit to a violation of special condition 7.
Affirmed and remanded.
LaROSE, C.J., and MORRIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Henry v. State, 253 So. 3d 1252 (Fla. 2d DCA 2018)
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Jones v. State, 221 So. 3d 736 (Fla. 2d DCA 2017)
- Symes v. State, 193 So. 3d 1067 (Fla. 2d DCA 2016)