SAMUEL LEE HARDY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2020-09-11
No. 20-0649
Zambrano, J., Orfinger, J., Cohen, J., Traver, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A probation revocation and sentence is affirmed, but the written order must be corrected to conform to the trial court's oral order dismissing one alleged condition violation.

Headnotes

[1] A written order of probation revocation must conform to the trial court's oral order, and when discrepancies exist, the trial court must be remanded to correct the writte…

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Facts & Procedural History

Samuel Lee Hardy appealed his probation revocation and sentence. The trial court issued an oral order dismissing one of two alleged condition 5 new la…

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Topics
Anders Appeal Probation Revocation

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Opinion of the Court
Traver

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

SAMUEL LEE HARDY,

Appellant,

v. Case No. 5D20-649

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed September 11, 2020 Appeal from the Circuit Court for Volusia County, Raul A. Zambrano, Judge. James S. Purdy, Public Defender, and Glendon George Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. In this Anders1 appeal, we affirm Samuel Lee Hardy’s probation revocation and sentence. However, we remand for the trial court to conform the written order of

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 revocation to the trial court’s oral order, which dismissed one of the two alleged condition 5 new law violations, “kidnap/false imprisonment of a child.” See Hernandez v. State, 254 So. 3d 1091, 1092 (Fla. 3d DCA 2018). AFFIRMED; REMANDED WITH INSTRUCTIONS. ORFINGER, COHEN and TRAVER, JJ., concur.

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