Guerra v. State

District Court of Appeal of Florida

Guerra v. State

567 So. 2d 62, 1990 Fla. App. LEXIS 7663, 1990 WL 149803

District Court of Appeal of Florida·Decided October 9, 1990·No. No. 90-698·Published·Cited by 2 cases

Opinion

PER CURIAM.

The state correctly concedes that a written order of probation revocation must conform with the court’s oral pronouncements. Salmon v. State, 540 So.2d 922 (Fla. 3d DCA 1989); Williams v. State, 525 So.2d 458 (Fla. 2d DCA 1988). We therefore remand for the entry of a corrected order of probation revocation to conform with the trial court’s oral pronouncement at the probation revocation hearing; defendant’s probation is revoked solely because he failed to report and perform community service hours required as a condition of probation. Revocation based on the defendant’s commission of four burglaries and thefts should be stricken from the probation revocation order.

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PER CURIAM.

The state correctly concedes that a written order of probation revocation must conform with the court’s oral pronouncements. Salmon v. State, 540 So.2d 922 (Fla. 3d DCA 1989); Williams v. State, 525 So.2d 458 (Fla. 2d DCA 1988). We therefore remand for the entry of a corrected order of probation revocation to conform with the trial court’s oral pronouncement at the probation revocation hearing; defendant’s probation is revoked solely because he failed to report and perform community service hours required as a condition of probation. Revocation based on the defendant’s commission of four burglaries and thefts should be stricken from the probation revocation order.

Guerra v. State, 567 So. 2d 62, 1990 Fla. App. LEXIS 7663, 1990 WL 149803 (Fla. Ct. App. 1990).

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Opinion

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