Tirrell v. State

Third District Court of Appeal
State of Florida
Opinion filed April 20, 2016.
Not final until disposition of timely filed motion for rehearing.
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No. 3D15-2875
Lower Tribunal No. 13-615-A-K
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David Tirrell,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Monroe County, Mark H. Jones,
Judge.
Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public
Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Brent J. Kelleher, Assistant
Attorney General, for appellee.
Before WELLS, SALTER and SCALES, JJ.
WELLS, Judge.
David Allan Tirrell appeals from a probation revocation order sentencing
him to 16 months in prison. Tirrell argues that the trial court erred in revoking his
probation (1) solely on Tirrell’s admission that he was arrested for a number of
crimes in violation of the terms of his probation; (2) for according him with less
credit for time served than he was entitled to and (3) because the written revocation
order did not conform to the trial court’s oral pronouncement.
We find no merit in Tirrell’s argument that his probation was revoked solely
on his admission that he was arrested for a number of crimes while on probation or
on his claim that he was not accorded credit for all of the time served to which he
was due. We do, however, find that the written revocation order which concludes
that Tirrell violated condition 1 of the probation order does not conform to the trial
court’s oral pronouncement that Tirrell did not violate that condition and vacate
that portion of the order. See Laffitte v. State, 16 So. 3d 315, 316 (Fla. 3d DCA
2009) (“‘A written order of probation revocation must conform to the court’s oral
pronouncement at a defendant’s probation revocation hearing.’ Salvatierra v.
State, 691 So. 2d 32 (Fla. 3d DCA 1997) (citing Narvaez v. State, 674 So. 2d 868
(Fla. 2d DCA 1996); Snell v. State, 658 So. 2d 1165 (Fla. 2d DCA 1995)).”). The
order on appeal is, therefore, affirmed in all other respects.
Affirmed in part, reversed in part.
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