Robert Blake v. State of Florida

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
ROBERT BLAKE, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D14-5260
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed April 15, 2016.
An appeal from the Circuit Court for Suwannee County.
Paul S. Bryan, Judge.
Nancy A. Daniels, Public Defender; Colleen Dierdre Mullen, Steven L. Seliger, and
Jennifer S. Morrissey, Assistant Public Defenders, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General; Trisha Meggs Pate and Jillian Hope Reding,
Assistant Attorneys General, Tallahassee, for Appellee.
PER CURIAM.
The State filed an Affidavit of Violation of Probation alleging appellant
violated Condition 5 of an Order of Probation by committing two new law offenses.
The affidavit also alleged that appellant violated Condition 10 of the Order of
Probation by failing to pay for costs of supervision and court costs. Appellant was
subsequently convicted of one of the new law violations and acquitted of the other.
In Blake v. State, Case No. 1D14-3888 (Fla. 1st DCA April __, 2016), we per curiam
affirmed appellant’s conviction for the new law violation; therefore, we affirm the
revocation of probation on Condition 5. However, we write to address appellant’s
second issue on appeal in which he argues that the written Order of Revocation of
Probation does not conform to the oral pronouncement.
During the Violation of Probation hearing, the trial court orally pronounced
that appellant was in violation of Condition 5, but not in violation of Condition 10.
The written Order of Revocation of Probation stated that appellant violated
Conditions 5 and 10 of the Order of Probation.
“Where there is a discrepancy between the oral pronouncement and the
written sentence, we should remand for the trial court to conform the written
sentence to the oral pronouncement.” Frost v. State, 769 So. 2d 443, 444 (Fla. 1st
DCA 2000). Accordingly, this case is remanded with instructions for the written
Order of Revocation of Probation to be conformed to the oral pronouncement.
AFFIRMED and REMANDED for correction.
ROBERTS, C.J., MAKAR and OSTERHAUS, JJ., CONCUR.
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