TONY LAMAR CASTRO
v.
STATE OF FLORIDA
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A probation revocation order must be corrected when the written order does not conform to the trial court's oral pronouncement of the factual basis for revocation.
[1] A judgment, sentence, and order revoking probation may be affirmed on appeal.
[2] A cause may be remanded for correction of a probation revocation order to conform to the trial court's oral pronouncement.
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Join FLexlaw to unlock all legal intelligenceCastro appealed his conviction and the trial court's revocation of his probation pursuant to Anders v. California. The trial court orally pronounced t…
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on the new law offenses); Ross v. State, 212 So. 3d 1149, 1150 (Fla. 1st DCA 2017) (affirming the revocation of probation and sentences but remanding for entry of a corrected revocation order that conformed to the trial court’s oral pronouncement).
AFFIRMED but REMANDED for correction.
LEWIS, MAKAR, and BILBREY, 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 Megan Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
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Citator
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- N. Jacksonville Enter. v. Buffington, 255 So. 3d 997 (Fla. 1st DCA 2018)
- Sesco v. State, 254 So. 3d 1196 (Fla. 1st DCA 2018)
- Jarrod Ray Ross v. State, 212 So. 3d 1149 (Fla. 1st DCA 2017)
- Bates v. State, 212 So. 3d 1149 (Fla. 1st DCA 2017)