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Rodriguez v. State

District Court of Appeal of Florida, Fourth District
Feb 14, 2001
777 So. 2d 1175 (Fla. Dist. Ct. App. 2001)

Summary

holding the written probation revocation order "must conform to the trial court's oral pronouncement" (citing Robinson v. State, 763 So.2d 1058, 1059 (Fla. 4th DCA 1999) )

Summary of this case from T.M.F. v. State

Opinion

Case No. 4D99-1097

Opinion filed February 14, 2001

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Marc A. Cianca, Judge; L.T. Case No. 97-1535 CFA.

Carey Haughwout, Public Defender, and Debra A. Chandler, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


The trial court's written order of revocation finds that Appellant violated various conditions of probation, including failure to file monthly reports, failure to pay costs of supervision, and failure to pay court costs, all of which were not found to have been violations in the court's oral pronouncement. A written revocation order must conform to the trial court's oral pronouncement. See Robinson v. State, 763 So.2d 1058, 1059 (Fla. 4th DCA 1999); Galletti v. State, 646 So.2d 829, 830 (Fla. 4th DCA 1994). We, therefore, remand with directions for the trial court to enter a written order which conforms with the court's oral pronouncement. We additionally instruct the trial court, on remand, to include case number, 98-2165, to which Appellant pled, on the final judgment and sentence.

We do not reach the merits of Appellant's sentencing challenge as both sides agree that the issue is moot.

KLEIN and TAYLOR, JJ. concur.


Summaries of

Rodriguez v. State

District Court of Appeal of Florida, Fourth District
Feb 14, 2001
777 So. 2d 1175 (Fla. Dist. Ct. App. 2001)

holding the written probation revocation order "must conform to the trial court's oral pronouncement" (citing Robinson v. State, 763 So.2d 1058, 1059 (Fla. 4th DCA 1999) )

Summary of this case from T.M.F. v. State

holding the trial court's written probation revocation order must conform to trial court's oral pronouncements

Summary of this case from Woolfork v. State
Case details for

Rodriguez v. State

Case Details

Full title:JEFFREY RODRIGUEZ, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 14, 2001

Citations

777 So. 2d 1175 (Fla. Dist. Ct. App. 2001)

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