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Thomas v. State

Florida Court of Appeals, Second District
Mar 25, 2022
335 So. 3d 1272 (Fla. Dist. Ct. App. 2022)

Opinion

No. 2D21-1317

03-25-2022

Melburn THOMAS, Jr., Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa (withdrew after briefing); Taylor Schell, Assistant Attorney General, Tampa (substituted as counsel of record), for Appellee.


Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa (withdrew after briefing); Taylor Schell, Assistant Attorney General, Tampa (substituted as counsel of record), for Appellee.

PER CURIAM.

Melburn Thomas, Jr., appeals the revocation of his probation and resulting concurrent sentences of sixty months in prison for the underlying crimes of grand theft motor vehicle and driving with license suspended or revoked, as well as possession of methamphetamine and drug paraphernalia. We affirm the revocation in all respects, but we remand to the trial court for correction of the written order to conform to the trial court's oral pronouncement. Although the trial court orally pronounced reasons for finding that Mr. Thomas posed a danger to the community as a violent felony offender of special concern pursuant to section 948.06(8)(e), Florida Statutes (2020), the revocation order fails to provide written reasons. A written order of revocation of probation must conform with the trial court's oral pronouncement. See Williams v. State , 764 So. 2d 757, 758 (Fla. 2d DCA 2000). Accordingly, we remand with directions that the order of revocation be corrected to conform to the trial court's oral pronouncement. See Martin v. State , 87 So. 3d 813 (Fla. 2d DCA 2012) ; see also McCray v. State , 282 So. 3d 158, 162 (Fla. 2d DCA 2019).

Affirmed; remanded with directions.

KHOUZAM, SLEET, and LUCAS, JJ., Concur.


Summaries of

Thomas v. State

Florida Court of Appeals, Second District
Mar 25, 2022
335 So. 3d 1272 (Fla. Dist. Ct. App. 2022)
Case details for

Thomas v. State

Case Details

Full title:MELBURN THOMAS, JR., Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Second District

Date published: Mar 25, 2022

Citations

335 So. 3d 1272 (Fla. Dist. Ct. App. 2022)