From Casetext: Smarter Legal Research

O'Brien v. State

District Court of Appeal of Florida, Fourth District
Oct 6, 1999
741 So. 2d 643 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-4431.

Opinion filed October 6, 1999.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Victor Tobin, Judge; L.T. No. 96-018377CF10A.

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Debra Rescigno, Assistant Attorney General, West Palm Beach, for appellee.


We affirm appellant's, James O'Brien, revocation of probation. See Williams v. State, 563 So.2d 1129 (Fla. 4th DCA 1990). However, appellee concedes, and we agree, that the order revoking probation must be corrected since it erroneously reflects that appellant violated all six of his conditions of probation. In actuality, the court found that appellant violated only two conditions of probation. Hence, the written order must conform to the court's pronouncement. See Gonzalez v. State, 712 So.2d 473 (Fla. 4th DCA 1998).

Affirmed; Remanded with directions.

POLEN, SHAHOOD and GROSS, JJ., concur.


Summaries of

O'Brien v. State

District Court of Appeal of Florida, Fourth District
Oct 6, 1999
741 So. 2d 643 (Fla. Dist. Ct. App. 1999)
Case details for

O'Brien v. State

Case Details

Full title:JAMES O'BRIEN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 6, 1999

Citations

741 So. 2d 643 (Fla. Dist. Ct. App. 1999)