Edgar Jerome Givens v. State of Florida

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-2917
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EDGAR JEROME GIVENS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Bay County.
Michael C. Overstreet, Judge.
February 4, 2019
PER CURIAM.
We affirm this appeal in all regards, but remand for entry of
a conformed order of revocation of probation. The revocation
order found that the Appellant had violated condition (5) of his
probation by committing the offenses of resisting an officer with
violence and retail theft. This was in error as the lower tribunal
only orally found a violation of condition (5) for resisting an
officer with violence. Accordingly, this case is remanded for entry
of a written order that conforms to the oral pronouncement of the
lower tribunal. See Leggs v. State, 27 So. 3d 155 (Fla. 1st DCA
2010); see also Baldwin v. State, 855 So. 2d 1180 (Fla. 1st DCA
2003).
AFFIRMED in part and REMANDED in part for entry of a
conformed order.
B.L. THOMAS, C.J., and ROBERTS and OSTERHAUS, 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 B. Moody, Attorney General, Tallahassee, for Appellee.
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