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Ramirez v. State

District Court of Appeal of Florida, Second District
Dec 24, 1997
704 So. 2d 693 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-02544

Opinion filed December 24, 1997.

Appeal from the Circuit Court for Hillsborough County; Barbara Fleischer, Judge.

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee.


The appellant's claim that his probation was revoked for a violation of a condition of probation that was not imposed upon him is without merit as shown by the transcript of the revocation hearing. However, he is correct in that the written judgment contains an erroneous reference to the condition violated. We affirm the conviction and sentence but remand for correction of the written order to conform to the oral pronouncement by the trial court at the revocation hearing. See Pearce v. State, 677 So.2d 303 (Fla. 1st DCA 1996). The appellant need not be present for this correction as it essentially deals with a scrivener's error.

Affirmed.

FRANK and PATTERSON, JJ., Concur.


Summaries of

Ramirez v. State

District Court of Appeal of Florida, Second District
Dec 24, 1997
704 So. 2d 693 (Fla. Dist. Ct. App. 1997)
Case details for

Ramirez v. State

Case Details

Full title:RAUL RAMIREZ, A/K/A ANGEL TAMEZ, A/K/A JUAN RODRIGUEZ, A/K/A JOSE ORTIZ…

Court:District Court of Appeal of Florida, Second District

Date published: Dec 24, 1997

Citations

704 So. 2d 693 (Fla. Dist. Ct. App. 1997)