JONATHAN ANDREW BUCHANAN vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: February 3, 2023
• Docket: 22-1265
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JONATHAN ANDREW BUCHANAN,

Appellant,

v. Case No. 5D22-1265 LT Case No. 2017-300787-CFDB

STATE OF FLORIDA,

Appellee.

/

Opinion filed February 3, 2023

Appeal from the Circuit Court for Volusia County, Raul A. Zambrano, Judge.

Matthew J. Metz, Public Defender, and Joshua Mosley, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

WALLIS, J. In this Anders1 appeal, we affirm Appellant’s judgment and sentence,

but remand for the trial court to correct the order revoking his

probation. Specifically, although the trial court’s order states that Appellant

willfully and substantially violated condition 10, the trial court's oral

pronouncement was that a violation had not been proven. Consequently,

we remand with instructions for the trial court to enter a corrected written

order that comports with the conditions that were determined to have been

violated. See Wasden v. State, 342 So. 3d 298 (Fla. 5th DCA 2022);

Crichton v. State, 299 So. 3d 616 (Fla. 5th DCA 2020); Hart v. State, 252 So.

3d 1285, 1286 (Fla. 5th DCA 2018) (“Where the oral pronouncement of

revocation conflicts with the written order, the oral pronouncement

controls.”).

AFFIRMED AND REMANDED WITH INSTRUCTIONS.

LAMBERT, C.J. and EVANDER, J., concur.

1 Anders v. California, 386 U.S. 738 (1967). 2