Florida District Courts of Appeal, 2012

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided August 1, 2012 · Fernandez, Rothenberg, Shepherd
95 So. 3d 397; 2012 WL 3101387; 2012 Fla. App. LEXIS 12369 (Southern Reporter, Third Series)

Perez v. State

Opinion of the Court

PER CURIAM.

CONFESSION OF ERROR

Alberto Perez appeals an order revoking his probation. Appellee, the State, concedes that at the hearing below, the court’s oral pronouncement only found a violation of two conditions: possession of weapons while on probation without the consent of the probation officer (“Violation of Condition (K2) of the Order of Probation”) and possession of weapons by a convicted felon (“Violation of Condition (K4) of the Order of Probation”). The State acknowledges that the revocation order erroneously included six conditions as a basis for revoking probation. •

Based on the State’s concession, we reverse the revocation order in part and remand with instructions to strike the references to the four other conditions from the Order of Revocation of Probation. See Laffitte v. State, 16 So.3d 315, 316 (Fla. 3d DCA 2009) (“A written order of probation revocation must conform to the court’s oral pronouncement at a defendant’s probation revocation hearing.”) The defendant need not be present.

Affirmed in part, reversed in part, and remanded with instructions.

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