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Rodriguez v. State

District Court of Appeal of Florida, Third District
May 3, 2000
756 So. 2d 256 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-2317.

Opinion filed May 3, 2000.

An appeal from the Circuit Court for Monroe County, Frederick DeFuria, Judge, L.T. No. KW96-30137.

Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before LEVY and GREEN, JJ., and NESBITT, Senior Judge.


Pedro Rodriguez was serving a term of community control imposed in four cases. In May of 1999, his community control officer filed affidavits alleging that Rodriguez had violated his community control in each of the cases. One of the violations alleged was that Rodriguez failed to pay the costs of electronic monitoring, in violation of a special condition of the community control order. At the conclusion of a hearing, the trial court stated that Rodriguez was not guilty of violating community control with regard to the monetary obligation. The written orders revoking community control, however, indicate that the court found him guilty of violating this condition. Rodriguez argues and the state correctly concedes that the written order of revocation must be corrected to conform to the trial court's oral pronouncement. Therefore, the order revoking community control is remanded to the trial court with instructions to correct the order revoking community control. There is no reason for the defendant to be present. We find Rodriguez's other argument to be without merit.


Summaries of

Rodriguez v. State

District Court of Appeal of Florida, Third District
May 3, 2000
756 So. 2d 256 (Fla. Dist. Ct. App. 2000)
Case details for

Rodriguez v. State

Case Details

Full title:PEDRO RODRIGUEZ, Appellant v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 3, 2000

Citations

756 So. 2d 256 (Fla. Dist. Ct. App. 2000)