Florida District Courts of Appeal, 2012

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided September 19, 2012 · Fernandez, Lagoa, Rothenberg
98 So. 3d 1216; 2012 WL 4094282; 2012 Fla. App. LEXIS 15537 (Southern Reporter, Third Series)

Perez v. State

Opinion of the Court

PER CURIAM.

Alberto Perez appeals an order revoking his probation. The only issue raised on appeal that merits consideration is the failure of the court’s order of revocation to conform to its oral pronouncement. In its oral pronouncement, at the conclusion of the probation violation hearing, the court specifically found “that [the defendant] was in possession of weapons while on probation.” A written order of probation must conform to the court’s oral pronouncement. Laffitte v. State, 16 So.3d 315 (Fla. 3d DCA 2009). Only the violation of conditions K2 and K4 are supported by the court’s oral pronouncement. Upon remand the court shall amend the order of revocation of probation accordingly. Affirmed in all other respects.

*1217Reversed and remanded with instructions.

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