Martin v. State

245 So. 3d 991

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 9, 2018.

________________

No. 3D17-560 Lower Tribunal No. 05-36013 ________________

Justis Martin, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Jason Bloch and Monica Gordo, Judges.

Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Pamela Jo Bondi, Attorney General, and Joanne Diez, Assistant Attorney General, for appellee.

Before FERNANDEZ, LOGUE and LUCK, JJ.

ON CONFESSION OF ERROR

PER CURIAM. After a revocation of probation hearing, the trial court found that the state

did not prove that defendant Justis Martin violated his probation by making no

efforts to complete his high school equivalency diploma (GED). The written order

of revocation of probation, however, included this as one of the grounds for

revoking Martin’s probation. We agree with the state’s confession of error and

remand for correction of the order of revocation of probation. See Jones v. State,

686 So. 2d 701 (Fla. 3d DCA 1996) (“The trial court’s written order revoking

appellant’s probation does not conform to the court's oral pronouncements. At the

revocation hearing the court orally dismissed the allegations of paragraphs two,

four, and five of the affidavit of probation violation. The written revocation order,

however, finds appellant guilty of the probation violations alleged in those

paragraphs. We remand this case so that the order may be corrected to conform to

the trial court’s oral pronouncements.”). Martin need not be present for this

purpose. Id. (“Appellant need not be present for this purpose.”). We affirm the

order of revocation of probation in all other respects.

Reversed and remanded with instructions.