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Jernigan v. State

District Court of Appeal of Florida, Second District
Aug 20, 2004
884 So. 2d 309 (Fla. Dist. Ct. App. 2004)

Opinion

No. 2D03-2746.

August 20, 2004.

Appeal from the Circuit Court for Charlotte County; Sherra Winesett, Judge.

James Marion Moorman, Public Defender, and Deana K. Marshall, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


Charles Jernigan appeals the revocation of his probation for nine violations. We affirm the revocation but remand for correction of the written revocation order. The trial court did not find that Jernigan violated condition (6) of his probation; however, the written order of revocation listed condition (6) as one of the bases for revocation. It is well-settled that the written order of revocation must conform to the oral pronouncements made at the revocation hearing. See Williams v. State, 764 So.2d 757, 758 (Fla. 2d DCA 2000). Accordingly, we remand with directions that the order of revocation be corrected to conform to the trial court's oral pronouncement.

Affirmed in part; remanded with directions.

FULMER, SILBERMAN, and KELLY, JJ., Concur.


Summaries of

Jernigan v. State

District Court of Appeal of Florida, Second District
Aug 20, 2004
884 So. 2d 309 (Fla. Dist. Ct. App. 2004)
Case details for

Jernigan v. State

Case Details

Full title:Charles B. JERNIGAN, Jr., Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Aug 20, 2004

Citations

884 So. 2d 309 (Fla. Dist. Ct. App. 2004)