MIA JOY TORRES
v.
STATE OF FLORIDA
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A trial court's written order revoking community control must conform to its oral pronouncements, with the oral pronouncements controlling.
[1] When a trial court's written order revoking community control conflicts with its oral pronouncement, the oral pronouncement controls and the written order must be amended…
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Join FLexlaw to unlock all legal intelligence“A written order must conform to the trial court's oral pronouncements, and the oral pronouncements control.”
Court citing Smith v. State, 49 So. 3d 833, 834 (Fla. 1st DCA 2010)
Torres was subject to community control and the trial court revoked it, finding violations of conditions five and nine.…
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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
MIA JOY TORRES,
Appellant,
v. Case No. 5D18-1932
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 22, 2019
Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
James S. Purdy, Public Defender, and Allison
A.
Havens, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the revocation of Appellant's community control, but remand with directions that the trial court enter a written order that conforms to its oral pronouncement finding violations of conditions five and nine. See Smith v. State, 49 So. 3d 833, 834 (Fla. 1st DCA 2010) ("A written order must conform to the trial court's oral pronouncements,
AFFIRMED and REMANDED with Instructions.
BERGER, WALLIS and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lavon Rashard Shinn v. State (Fla. 5th DCA 2019)
Authorities Cited
- Williams v. State, 604 So. 2d 8 (Fla. 1st DCA 1992)
- Quinton Lavar Smith v. State, 49 So. 3d 833 (Fla. 1st DCA 2010)