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Washington v. State

District Court of Appeal of Florida, Third District
May 19, 1999
731 So. 2d 865 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2849

Opinion filed May 19, 1999 JANUARY TERM, 1999

An Appeal from the Circuit Court for Dade County, Barbara S. Levenson, Judge, L.T. No. 97-16513.

Bennett H. Brummer, Public Defender, and Robert Godfrey and Beth C. Weitzner, Assistant Public Defenders, for appellant.

Robert A. Butterworth, Attorney General, and Terri Leon-Benner, Assistant Attorney General, for appellee.

Before GODERICH, FLETCHER and SORONDO, JJ.


We find that the trial court did not abuse its discretion by revoking the defendant's probation. However, as the State properly concedes, the order of revocation must be vacated, and the cause remanded with directions for entry of a written order of revocation that conforms to the trial court's oral pronouncements. Fairman v. State, 576 So.2d 948, 950 (Fla. 3d DCA 1991).

At the revocation of probation hearing, the trial court specifically stated that although the defendant had been arrested, it was not finding a violation of the condition that requires the defendant to live at liberty without violating any law. In contrast, the written order of revocation reflects that the defendant violated this condition.

Affirmed, in part; reversed, in part, and remanded with directions.


Summaries of

Washington v. State

District Court of Appeal of Florida, Third District
May 19, 1999
731 So. 2d 865 (Fla. Dist. Ct. App. 1999)
Case details for

Washington v. State

Case Details

Full title:CALVIN PHALON WASHINGTON, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 19, 1999

Citations

731 So. 2d 865 (Fla. Dist. Ct. App. 1999)