From Casetext: Smarter Legal Research

Hallman v. State

District Court of Appeal of Florida, First District.
Nov 30, 2022
351 So. 3d 1242 (Fla. Dist. Ct. App. 2022)

Opinion

Nos. 1D21-2391 1D21-2392 1D21-2395.

11-30-2022

Brian A. HALLMAN, Appellant, v. STATE of Florida, Appellee.

Jessica J. Yeary , Public Defender, and Joel Arnold , Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody , Attorney General, Tallahassee, for Appellee.


Jessica J. Yeary , Public Defender, and Joel Arnold , Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody , Attorney General, Tallahassee, for Appellee.

Per Curiam.

We affirm these consolidated appeals in all respects, but remand for entry of a corrected order of revocation of probation which conforms to the circuit court's oral pronouncements during the VOP hearing. The circuit court found one violation of condition (4) and two violations of condition (5), but the written orders each list two violations of condition (4) and four violations of condition (5). The nonconforming written orders are thus in error. See, e.g., Brockington v. State, 276 So.3d 521 (Fla. 1st DCA 2019) (reversing for written order conforming to oral pronouncement in Anders case); Givens v. State, 263 So.3d 272 (Fla. 1st DCA 2019) (remanding for written order conforming to oral pronouncement).

AFFIRMED in part and REMANDED in part for entry of a conformed order.

Roberts, Osterhaus, and Winokur, JJ., concur.


Summaries of

Hallman v. State

District Court of Appeal of Florida, First District.
Nov 30, 2022
351 So. 3d 1242 (Fla. Dist. Ct. App. 2022)
Case details for

Hallman v. State

Case Details

Full title:Brian A. HALLMAN, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Nov 30, 2022

Citations

351 So. 3d 1242 (Fla. Dist. Ct. App. 2022)