JOSHUA NEGRON
v.
STATE OF FLORIDA
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A revocation order must be corrected to accurately reflect only those conditions violated as found after an evidentiary hearing.
[1] A revocation order must be corrected to omit violations never alleged or mentioned at the evidentiary hearing and to include all violations found by the trial court, and…
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Join FLexlaw to unlock all legal intelligence“remanding for entry of a revocation order conforming to the oral pronouncement of the condition violated”
Citation to Jones v. State, 221 So. 3d 736, 736 (Fla. 2d DCA 2017) regarding the requirement that revocation orders match oral pronouncements
Joshua Negron's probation was revoked for the offense of fleeing or eluding a law enforcement officer with lights and sirens activated, and he was sen…
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SILBERMAN, Judge.
Joshua Melvin Negron challenges the revocation of his probation and resulting sentence of twenty-four months in prison for the offense of fleeing or eluding a law enforcement officer with lights and sirens activated. We affirm without discussion the trial court's decision to revoke probation and remand only for entry of a second corrected revocation order.
The trial court entered a revocation order and a corrected revocation order. Negron argues, and the State acknowledges, that the corrected revocation order contains errors that require further correction. Accordingly, we remand for the trial court to enter a second corrected revocation order that omits the condition five violations that were never alleged or mentioned at the evidentiary hearing, includes the condition ten violation that the trial court found, and reflects that the violations were found after an evidentiary hearing. See Jones v. State, 221 So. 3d 736, 736 (Fla. 2d DCA 2017) (remanding for entry of a revocation order conforming to the oral pronouncement of the condition violated); Hamilton v. State, 128 So. 3d 177, 177 (Fla. 2d DCA 2013) (remanding to correct revocation order that incorrectly stated that the probationer admitted to the violation when the trial court had conducted a revocation hearing).
Affirmed and remanded with instructions.
LUCAS and SALARIO, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hamilton v. State, 128 So. 3d 177 (Fla. 2d DCA 2013)
- Jones v. State, 221 So. 3d 736 (Fla. 2d DCA 2017)