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Lynch v. State

District Court of Appeal of Florida, Fourth District
Jul 31, 1991
583 So. 2d 409 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-3125.

July 31, 1991.

Appeal from the Circuit Court for Broward County; Mel Grossman, Judge.

Richard L. Jorandby, Public Defender, and Nancy Perez, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Barakat, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm the trial court in all respects except we remand the order of revocation of community control for correction in accordance with this opinion.

The trial court's order revoking appellant's community control states that condition I-5 was violated. However, the trial judge's oral pronouncement made at the revocation hearing found that appellant had violated conditions H-1 and I-10.

Since a written order of revocation must conform to the oral pronouncements made at the revocation hearing by the trial judge, Harrington v. State, 570 So.2d 1140 (Fla. 4th DCA 1990), Caputo v. State, 573 So.2d 1078 (Fla. 4th DCA 1991), the trial court shall, upon remand, strike the finding of violation of condition I-5, and correct the order of revocation of community control to accurately reflect the oral pronouncement made at the revocation hearing.

AFFIRMED AND REMANDED WITH DIRECTIONS.

DELL, GUNTHER and POLEN, JJ., concur.


Summaries of

Lynch v. State

District Court of Appeal of Florida, Fourth District
Jul 31, 1991
583 So. 2d 409 (Fla. Dist. Ct. App. 1991)
Case details for

Lynch v. State

Case Details

Full title:JAMES A. LYNCH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 31, 1991

Citations

583 So. 2d 409 (Fla. Dist. Ct. App. 1991)