Eric Patrick Fletcher v. State

149 So. 3d 147, 2014 Fla. App. LEXIS 15624, 2014 WL 4988507

• Court: District Court of Appeal of Florida
• Decided: October 8, 2014
• Docket: 4D13-3146
• Status: Published

Opinion

MAY, J.

The defendant appeals a final order revoking his probation on one count of manslaughter and sentencing him to a term of fifteen years imprisonment. We have reviewed the record and find no error with the exception that the written order revoking the defendant’s probation fails to comport with the trial court’s oral pronouncement.

The trial court pronounced that the State met its burden of proving a violation of probation based on the following offenses: (1) simple battery, a lesser included offense of felony battery; (2) false imprisonment; and (3) aggravated assault with a deadly weapon. The order revoking probation however, indicates that the defendant violated his probation by committing a felony, rather than a simple, battery.

The order revoking probation “must conform to the court’s oral pronouncement.” Perez v. State, 98 So.3d 1216,1216 (Fla. 3d DCA 2012). We therefore remand the case to the trial court for the sole purpose of amending the order revoking probation to conform to the trial court’s oral pronouncement.

Affirmed, but remanded for the correction of the order revoking the defendant’s probation.

STEVENSON and KLINGENSMITH, JJ., concur.