Guerra v. State

District Court of Appeal of Florida

Guerra v. State

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

CourtDistrict Court of Appeal of Florida

DecidedOctober 9, 1990

DocketNo. 90-698

StatusPublished

Cited by2 cases

This text of 567 So. 2d 62 (Guerra v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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567 So. 2d 62, 1990 Fla. App. LEXIS 7663, 1990 WL 149803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guerra-v-state-fladistctapp-1990.

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