Todd J. Hart v. State

252 So. 3d 1285

• Court: District Court of Appeal of Florida
• Decided: September 10, 2018
• Docket: 5D17-3438
• 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

TODD JAMES HART,

Appellant,

v. Case No. 5D17-3438

STATE OF FLORIDA,

Appellee.

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Opinion filed September 14, 2018

Appeal from the Circuit Court for Volusia County, Matthew M. Foxman, Judge.

O. H. Eaton, Jr., and Lori D. Loftis, of Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the revocation of Appellant’s probation. However, because the order of

revocation does not accurately reflect the trial court’s oral findings, we remand so that the

order can be corrected. An evidentiary hearing was held with regard to allegations that Appellant violated

his probation. At the conclusion of the hearing, the court found and orally announced that

Appellant violated his probation by failing to report to his officer, failing to complete

substance abuse treatment, drinking alcohol heavily, and committing home-invasion

robbery as well as resisting police without violence. The court found the violations to be

willful, material, and substantial.

The court’s written order correctly stated that Appellant violated certain numbered

conditions of his probation that corresponded with failing to report to his probation officer

and failing to live without violating any law. The written order also noted that the

revocation of Appellant’s probation was, in part, for his failure to notify his probation officer

of a change in residence or employment; however, the court made no such oral

pronouncement. Additionally, the written order failed to include the trial court’s oral

findings that Appellant violated his probation by drinking heavily and not completing his

substance abuse treatment. Where the oral pronouncement of revocation conflicts with

the written order, the oral pronouncement controls. Thompson v. State, 965 So. 2d 1250,

1251 (Fla. 1st DCA 2007) (citing Cockrell v. State, 823 So. 2d 322, 323 (Fla. 2d DCA

2002)). Accordingly, we affirm the revocation of Appellant’s probation and the resulting

sentence, but reverse for entry of a corrected order of revocation that accurately reflects

the oral findings of the trial court. See Desue v. State, 605 So. 2d 933, 935 (Fla. 1st DCA

1992).

AFFIRMED AND REMANDED FOR ENTRY OF CORRECTED ORDER.

WALLIS, EDWARDS and EISNAUGLE, JJ., concur.