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Kuczko v. State

District Court of Appeal of Florida, Second District
Dec 16, 2011
76 So. 3d 357 (Fla. Dist. Ct. App. 2011)

Opinion

No. 2D10–5003.

2011-12-16

Joseph Edward KUCZKO, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Lee County; Mark A. Steinbeck, Judge.James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.


Appeal from the Circuit Court for Lee County; Mark A. Steinbeck, Judge.James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.

, Judge.

Joseph Edward Kuczko challenges the revocation of his probation based on his having committed a new law violation. We affirm both the revocation and the resulting sentence without further comment. However, the written order of revocation reflects that Kuczko violated two conditions of his probation, while the transcript of the revocation hearing shows that his probation was revoked based on the violation of only one condition. We therefore remand for the limited purpose of the entry of a corrected written order of revocation which conforms with the oral pronouncement. See Harvester v. State, 62 So.3d 1235, 1235 (Fla. 2d DCA 2011); McNeil v. State, 908 So.2d 556, 557 (Fla. 2d DCA 2005).

Affirmed and remanded for entry of a corrected order.

VILLANTI and CRENSHAW, JJ., Concur.


Summaries of

Kuczko v. State

District Court of Appeal of Florida, Second District
Dec 16, 2011
76 So. 3d 357 (Fla. Dist. Ct. App. 2011)
Case details for

Kuczko v. State

Case Details

Full title:JOSEPH EDWARD KUCZKO, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 16, 2011

Citations

76 So. 3d 357 (Fla. Dist. Ct. App. 2011)

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