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Perez v. State

District Court of Appeal of Florida, Third District.
Sep 19, 2012
98 So. 3d 1216 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D10–3058.

2012-09-19

Alberto PEREZ, Appellant, v. The STATE of Florida, Appellee.

An appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), from the Circuit Court for Miami–Dade County, Spencer Eig, Judge. Alberto Perez, in proper person. Pamela Jo Bondi, Attorney General, for appellee.


An appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), from the Circuit Court for Miami–Dade County, Spencer Eig, Judge.
Alberto Perez, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Before ROTHENBERG, LAGOA and FERNANDEZ, JJ.

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.

Reversed and remanded with instructions.


Summaries of

Perez v. State

District Court of Appeal of Florida, Third District.
Sep 19, 2012
98 So. 3d 1216 (Fla. Dist. Ct. App. 2012)
Case details for

Perez v. State

Case Details

Full title:Alberto PEREZ, Appellant, v. The STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Sep 19, 2012

Citations

98 So. 3d 1216 (Fla. Dist. Ct. App. 2012)

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The order revoking probation “must conform to the court's oral pronouncement.” Perez v. State, 98 So.3d 1216,…