FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-2671
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LEEANNA FAYE BAUMGARTNER,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Alachua County.
Phillip A. Pena, Judge.
September 20, 2019
PER CURIAM.
We affirm the revocation of Appellant’s probation and
resulting sentence but remand the case for entry of a written order
that conforms with the trial court’s oral pronouncement. See, e.g.,
Thompson v. State,
965 So. 2d 1250, 1251 (Fla. 1st DCA 2007)
(“When a conflict exists between an oral revocation pronouncement
and the written order revoking probation, the oral pronouncement
will control.”). Here, the written order details Appellant’s violation
of conditions (2), (8), and (10), as well as special condition (2) of her
probation. However, at hearing, the trial court orally pronounced
violations of condition (8) and special condition (2) only.
At hearing, the trial court also orally advised that Appellant
would retain the option of performing community service in lieu of
payment of court costs. However, the written order allows
performance of community service in lieu of restitution, not court
costs. On remand, the trial court should resolve the conflicts
between the written order and oral pronouncements.
AFFIRMED and REMANDED with instructions.
ROWE, JAY, and M.K. THOMAS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Joel Arnold, Assistant Public
Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Tabitha R. Herrera,
Assistant Attorney General, Tallahassee, for Appellee.
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