Martinez v. State

District Court of Appeal of Florida

Martinez v. State

828 So. 2d 1066, 2002 Fla. App. LEXIS 15482, 2002 WL 31373704

District Court of Appeal of Florida·Decided October 23, 2002·No. No. 2D01-485·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm the order revoking Michael Martinez’s probation. But the written order does not conform to the circuit court’s oral announcement of the conditions violated. At the revocation hearing, the court found that Martinez violated condition N, which required him to perform community service work. The written order of revocation also states that he violated conditions 9, J and L. We remand with directions that the order be corrected to reflect that the violation was based solely on condition N. See Boggs v. State, 557 So.2d 203 (Fla. 2d DCA 1990).

ALTENBERND, NORTHCUTT, and CASANUEVA, JJ., Concur.

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PER CURIAM.

We affirm the order revoking Michael Martinez’s probation. But the written order does not conform to the circuit court’s oral announcement of the conditions violated. At the revocation hearing, the court found that Martinez violated condition N, which required him to perform community service work. The written order of revocation also states that he violated conditions 9, J and L. We remand with directions that the order be corrected to reflect that the violation was based solely on condition N. See Boggs v. State, 557 So.2d 203 (Fla. 2d DCA 1990).

ALTENBERND, NORTHCUTT, and CASANUEVA, JJ., Concur.

Martinez v. State, 828 So. 2d 1066, 2002 Fla. App. LEXIS 15482, 2002 WL 31373704 (Fla. Ct. App. 2002).

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