AMBER DEJESUS
v.
STATE OF FLORIDA
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The appellate court affirmed a probation revocation order but remanded for correction to conform the written order to the trial court's oral pronouncement. The trial court found violations of three probation conditions, but improperly listed multiple new law charges under condition (5) when orally it found a violation only for possession of marijuana.
The court affirmed the probation revocation findings for conditions (4), (9), and (5) as to the possession of marijuana charge, but remanded for entry of a corrected order to remove the other offenses improperly included under condition (5) to conform the written order to the trial court's oral pronouncement.
[1] A written probation revocation order must conform in all material respects to the trial court's oral pronouncement, and when a written order improperly includes findings…
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Join FLexlaw to unlock all legal intelligenceThe appellant was a drug offender probationer. The trial court granted the appellant's Rule 3.800(b)(2) motion and entered an amended revocation order…
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___________________________ On appeal from the Circuit Court for Bay County. Hentz McClellan, Judge.
May 25, 2018 PER CURIAM.
We affirm this appeal in all regards, but remand for entry of a corrected order of revocation of probation. After granting the appellant’s Florida Rule of Criminal Procedure 3.800(b)(2) motion, the lower court entered an amended order of revocation to conform to the court’s oral pronouncement. The amended revocation order found the appellant had violated conditions (4) and (9) of her drug offender probation. The amended order also found a violation of condition (5), listing all of the new law violations as the six new law charges in case number 16-2301. This was in error as the court only orally found a violation of condition (5) for one of those charges: possession of marijuana. The amended revocation order is affirmed on conditions (4), (9), and (5) for possession of marijuana in case number 16-2301. To the extent the amended written revocation order still did not conform to the oral pronouncement and improperly included violations for the other offenses charged in case number 16-2301, the case is remanded for entry of a corrected order. See Leggs v. State, 27 So. 3d 155 (Fla. 1st DCA 2010).
AFFIRMED in part, REVERSED in part, and REMANDED. ROBERTS, ROWE, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Daniel Krumbholz, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lakeisha Shayolanda Leggs v. State, 27 So. 3d 155 (Fla. 1st DCA 2010)
- State v. Hudson, 27 So. 3d 155 (Fla. 1st DCA 2010)