Summary
reversing for written order conforming to oral pronouncement in Anders case
Summary of this case from Hallman v. StateOpinion
No. 1D19-0052
08-05-2019
MURPHY ARNOLD BROCKINGTON JR., Appellant, v. STATE OF FLORIDA, Appellee.
Andy Thomas, Public Defender, Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
On appeal from the Circuit Court for Alachua County.
Phillip A. Pena, Judge.
In this Anders appeal, Appellant challenges the trial court's order revoking his probation. At an evidentiary hearing, the trial court found that Appellant had not violated condition (10) of his probation. However, the written order entered by the trial court revoking Appellant's probation stated that Appellant had violated condition (10) of his probation. We remand for the trial court to enter a written order that conforms to the trial court's oral pronouncement. See Leggs v. State, 27 So. 3d 155, 155 (Fla. 1st DCA 2010); Baldwin v. State, 855 So. 2d 1180, 1180 (Fla. 1st DCA 2003); Burgin v. State, 623 So. 2d 575, 576-77 (Fla. 1st DCA 1993).
REVERSED and REMANDED. B.L. THOMAS, MAKAR, and WINOKUR, JJ., concur.
Not final until disposition of any timely and authorized motion under Fla . R. App. P. 9.330 or 9.331. Andy Thomas, Public Defender, Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Anders v. California, 386 U.S. 738 (1967).