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.