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Wood v. State

District Court of Appeal of Florida, First District
Nov 19, 1996
682 So. 2d 1217 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-4525.

November 19, 1996.

An appeal from the Circuit Court for Calhoun County; Clinton E. Foster, Judge.

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.


Livingston Wood (Wood) challenges the trial court's revocation of his probation and the sentence imposed thereon. His appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After reviewing the record, we agree with his counsel that there are no meritorious issues for appeal except for an error warranting remand of the written revocation order with instructions.

Wood was charged with violating three conditions of his probation, yet only one was discussed and proven at the hearing. Nevertheless, the written revocation order stated Wood violated "conditions of his probation as cited" in the affidavit of violation. Accordingly, we remand for entry of a written order setting forth the specific conditions of probation which the trial court orally found Wood violated. Martin v. State, 674 So.2d 906 (Fla. 1st DCA 1996) (remanding for entry of written order conforming to oral pronouncement); Cue v. State, 619 So.2d 471 (Fla. 1st DCA 1993) (remanding for entry of written order reflecting specific terms and conditions of probation violated).

We affirm the revocation of probation and sentence imposed in all other respects.

AFFIRMED and REMANDED.

MINER, MICKLE and LAWRENCE, JJ., concur.


Summaries of

Wood v. State

District Court of Appeal of Florida, First District
Nov 19, 1996
682 So. 2d 1217 (Fla. Dist. Ct. App. 1996)
Case details for

Wood v. State

Case Details

Full title:Livingston H. WOOD, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Nov 19, 1996

Citations

682 So. 2d 1217 (Fla. Dist. Ct. App. 1996)