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Guerra v. State

District Court of Appeal of Florida, Third District
Oct 9, 1990
567 So. 2d 62 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-698.

October 9, 1990.

An Appeal from the Circuit Court for Dade County; Richard V. Margolius, Judge.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.


The state correctly concedes that a written order of probation revocation must conform with the court's oral pronouncements. Salmon v. State, 540 So.2d 922 (Fla. 3d DCA 1989); Williams v. State, 525 So.2d 458 (Fla. 2d DCA 1988). We therefore remand for the entry of a corrected order of probation revocation to conform with the trial court's oral pronouncement at the probation revocation hearing; defendant's probation is revoked solely because he failed to report and perform community service hours required as a condition of probation. Revocation based on the defendant's commission of four burglaries and thefts should be stricken from the probation revocation order.


Summaries of

Guerra v. State

District Court of Appeal of Florida, Third District
Oct 9, 1990
567 So. 2d 62 (Fla. Dist. Ct. App. 1990)
Case details for

Guerra v. State

Case Details

Full title:ALEXANDER GUERRA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 9, 1990

Citations

567 So. 2d 62 (Fla. Dist. Ct. App. 1990)

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