TODD JAMES HART
v.
STATE OF FLORIDA
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When an oral pronouncement of probation revocation conflicts with the written order, the oral pronouncement controls, and the written order must be corrected to reflect the trial court's actual oral findings.
[1] When an oral pronouncement of probation revocation conflicts with the written order, the oral pronouncement controls and the written order must be corrected to reflect th…
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Join FLexlaw to unlock all legal intelligence“Where the oral pronouncement of revocation conflicts with the written order, the oral pronouncement controls.”
Court explaining the controlling authority for resolving conflicts between oral and written orders.
Hart was found to have violated his probation by failing to report to his officer, failing to complete substance abuse treatment, drinking alcohol hea…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
TODD JAMES HART,
Appellant,
v. Case No. 5D17-3438
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed September 14, 2018
Appeal from the Circuit Court for Volusia County, Matthew M. Foxman, Judge.
O. H. Eaton, Jr., and Lori D. Loftis, of Office
of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea
K.
Totten, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the revocation of Appellant’s probation. However, because the order of revocation does not accurately reflect the trial court’s oral findings, we remand so that the order can be corrected.
2
An evidentiary hearing was held with regard to allegations that Appellant violated his probation. At the conclusion of the hearing, the court found and orally announced that Appellant violated his probation by failing to report to his officer, failing to complete substance abuse treatment, drinking alcohol heavily, and committing home-invasion robbery as well as resisting police without violence. The court found the violations to be willful, material, and substantial. The court’s written order correctly stated that Appellant violated certain numbered conditions of his probation that corresponded with failing to report to his probation officer and failing to live without violating any law. The written order also noted that the revocation of Appellant’s probation was, in part, for his failure to notify his probation officer of a change in residence or employment; however, the court made no such oral pronouncement. Additionally, the written order failed to include the trial court’s oral findings that Appellant violated his probation by drinking heavily and not completing his substance abuse treatment. Where the oral pronouncement of revocation conflicts with the written order, the oral pronouncement controls. Thompson v. State, 965 So. 2d 1250, 1251 (Fla. 1st DCA 2007) (citing Cockrell v. State, 823 So. 2d 322, 323 (Fla. 2d DCA 2002)). Accordingly, we affirm the revocation of Appellant’s probation and the resulting sentence, but reverse for entry of a corrected order of revocation that accurately reflects the oral findings of the trial court. See Desue v. State, 605 So. 2d 933, 935 (Fla. 1st DCA 1992).
AFFIRMED AND REMANDED FOR ENTRY OF CORRECTED ORDER.
WALLIS, EDWARDS and EISNAUGLE, JJ., concur.
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Citator
Cited By
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Buchanan v. State, 342 So. 3d 298 (Fla. 5th DCA 2023)
Authorities Cited
- Desue v. State, 605 So. 2d 933 (Fla. 1st DCA 1992)
- Aaron v. Thompson, 965 So. 2d 1250 (Fla. 1st DCA 2007)
- Cockrell v. State, 823 So. 2d 322 (Fla. 2d DCA 2002)