Smith v. State

Full title: WINSTON ANTHONY SMITH, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 15, 1994

632 So. 2d 1152 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2357.

March 15, 1994.

An appeal from the Circuit Court of Dade County; Richard V. Margolius, Judge.

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Lucrecia R. Diaz, Asst. Atty. Gen., for appellee.

Before BARKDULL, GERSTEN and GODERICH, JJ.

PER CURIAM.

As the State properly concedes, the written order of revocation of probation must conform to the trial court's oral pronouncement. Accordingly, we affirm the revocation of probation, but direct that the order be modified on remand to conform with the trial court's oral pronouncement. Manuel v. State, 564 So.2d 291 (Fla. 3d DCA 1990); Roberts v. State, 512 So.2d 286 (Fla. 3d DCA 1987).