Florida District Courts of Appeal, 2011

Santana v. State

Santana v. State
Florida District Courts of Appeal · Decided August 17, 2011 · Altenbernd, Northcutt, Kelly
67 So. 3d 1176; 2011 Fla. App. LEXIS 14677; 2011 WL 3602960 (Southern Reporter, Third Series)

Santana v. State

Opinion

ALTENBERND, Judge.

Francisco Tito Santana appeals the order revoking his probation and the sentence imposed upon the revocation. We affirm but remand with instructions to strike the reference to the violation of condition numbers two and nine from the order revoking probation so that the order conforms to the trial court’s oral pronouncement. See Turner v. State, 873 So.2d 480, 480 (Fla. 2d DCA 2004) (“A written order of revocation of probation must conform with the trial court’s oral pronouncement.”) (citation omitted).

Affirmed, but remanded with instructions.

NORTHCUTT and KELLY, JJ., Concur.

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