Florida District Courts of Appeal, 1990

Guerra v. State

Guerra v. State
Florida District Courts of Appeal · Decided October 9, 1990 · Baskin, Hubbart, Schwartz
567 So. 2d 62; 1990 Fla. App. LEXIS 7663; 1990 WL 149803 (Southern Reporter, Second Series)

Guerra v. State

Opinion of the Court

PER CURIAM.

The state correctly concedes that a written order of probation revocation must conform with the court’s oral pronouncements. Salmon v. State, 540 So.2d 922 (Fla. 3d DCA 1989); Williams v. State, 525 So.2d 458 (Fla. 2d DCA 1988). We therefore remand for the entry of a corrected order of probation revocation to conform with the trial court’s oral pronouncement at the probation revocation hearing; defendant’s probation is revoked solely because he failed to report and perform community service hours required as a condition of probation. Revocation based on the defendant’s commission of four burglaries and thefts should be stricken from the probation revocation order.

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