Opinion
No. 2D21-2034
06-22-2022
Willie GANT, Appellant, v. STATE of Florida, Appellee.
Joe Caimano, Tampa, for Appellant. Ashley Moody, Attorney General, Tallahassee, and C. Todd Chapman, Assistant Attorney General, Tampa, for Appellee.
Joe Caimano, Tampa, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and C. Todd Chapman, Assistant Attorney General, Tampa, for Appellee.
VILLANTI, Judge.
Willie Gant appeals from an order revoking his probation and the resulting sentence. We affirm the revocation of Gant's probation and the sentence imposed. However, the revocation order states that Gant admitted to violating condition 5 of his probation, whereas the record reflects that the trial court found Gant to have willfully and substantially violated six conditions of his probation following a contested evidentiary hearing.
Accordingly, we remand for entry of a corrected revocation order deleting the statement that Gant admitted to a violation of his probation and listing each condition the trial court found Gant to have violated. See Nisbett v. State , 326 So. 3d 1212, 1212 (Fla. 2d DCA 2021) (remanding for correction of an order of revocation that incorrectly stated that Nisbett admitted to violating condition 5 of his probation); Young v. State , 326 So. 3d 1180, 1181 (Fla. 2d DCA 2021) ("A written order of revocation of probation must conform with the trial court's oral pronouncement."). Gant need not be present when the amended revocation order is rendered. See Hayes v. State , 927 So. 2d 15, 16 (Fla. 2d DCA 2006).
Affirmed; remanded with instructions.
KHOUZAM and LABRIT, JJ., Concur.