Hulse v. State

District Court of Appeal of Florida

Hulse v. State

170 So. 3d 911, 2015 Fla. App. LEXIS 11040, 2015 WL 4464554

CourtDistrict Court of Appeal of Florida

DecidedJuly 22, 2015

DocketNo. 3D14-1298

StatusPublished

Cited by5 cases

This text of 170 So. 3d 911 (Hulse 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.

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Hulse v. State, 170 So. 3d 911, 2015 Fla. App. LEXIS 11040, 2015 WL 4464554 (Fla. Ct. App. 2015).

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Opinion

LAGOA, J.

Justin Hulse (“Hulse”) appeals the trial court’s revocation of his community control and sentence.

We affirm without discussion the revocation and sentence as the State proved by a preponderance of the evidence each violation relied on by the trial court to revoke Hulse’s community control. However, we remand the case to the trial court for entry of a written order to conform to the trial court’s oral pronouncement. See Owens v. State, 141 So.3d 259 (Fla. 8d DCA 2014); Brown v. State, 127 So.3d 831 (Fla. 3d DCA 2013); see also Thompson v. State, 965 So.2d 1250, 1251 (Fla. 1st DCA 2007) (“When a conflict exists between an oral revocation pronouncement and the written order revoking probation, the oral pronouncement will control.”).

Order and sentence affirmed; remanded with directions.

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LAGOA, J.

Justin Hulse (“Hulse”) appeals the trial court’s revocation of his community control and sentence.

We affirm without discussion the revocation and sentence as the State proved by a preponderance of the evidence each violation relied on by the trial court to revoke Hulse’s community control. However, we remand the case to the trial court for entry of a written order to conform to the trial court’s oral pronouncement. See Owens v. State, 141 So.3d 259 (Fla. 8d DCA 2014); Brown v. State, 127 So.3d 831 (Fla. 3d DCA 2013); see also Thompson v. State, 965 So.2d 1250, 1251 (Fla. 1st DCA 2007) (“When a conflict exists between an oral revocation pronouncement and the written order revoking probation, the oral pronouncement will control.”).

Order and sentence affirmed; remanded with directions.

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170 So. 3d 911, 2015 Fla. App. LEXIS 11040, 2015 WL 4464554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hulse-v-state-fladistctapp-2015.

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