Summary
holding that "a written probation order must conform with the trial court's oral pronouncements at sentencing"
Summary of this case from S.D.F. v. StateOpinion
Case No. 3D03-3065.
Opinion filed June 16, 2004.
An Appeal from the Circuit Court for Miami-Dade County, Julio Jimenez, Judge, Lower Tribunal No. 03-7318.
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.
Charles J. Crist, Jr., Attorney General, and Consuelo Maingot, Assistant Attorney General, and Adrienne Sampson, Certified Legal Intern, for appellee.
Before COPE, GREEN, and RAMIREZ, JJ.
As the State properly concedes, a written probation order must conform with the trial court's oral pronouncements at sentencing. We thus reverse and remand for the limited purpose of correcting the written order of probation to reflect the trial court's oral pronouncements, which in this case means that the probation order should reflect that the curfew of 8:00 p.m. does not apply if the juvenile is working past that hour.
Reversed and remanded.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.