JONATHAN ANDREW BUCHANAN vs STATE OF FLORIDA

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JONATHAN ANDREW BUCHANAN,
Appellant,
v. Case No. 5D22-1265
LT Case No. 2017-300787-CFDB
STATE OF FLORIDA,
Appellee.
/
Opinion filed February 3, 2023
Appeal from the Circuit Court
for Volusia County,
Raul A. Zambrano, Judge.
Matthew J. Metz, Public Defender, and
Joshua Mosley, Assistant Public
Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Kristen L. Davenport,
Assistant Attorney General, Daytona
Beach, for Appellee.
WALLIS, J.
In this Anders1 appeal, we affirm Appellant’s judgment and sentence,
but remand for the trial court to correct the order revoking his
probation. Specifically, although the trial court’s order states that Appellant
willfully and substantially violated condition 10, the trial court's oral
pronouncement was that a violation had not been proven. Consequently,
we remand with instructions for the trial court to enter a corrected written
order that comports with the conditions that were determined to have been
violated. See Wasden v. State, 342 So. 3d 298 (Fla. 5th DCA 2022);
Crichton v. State, 299 So. 3d 616 (Fla. 5th DCA 2020); Hart v. State, 252 So.
3d 1285, 1286 (Fla. 5th DCA 2018) (“Where the oral pronouncement of
revocation conflicts with the written order, the oral pronouncement
controls.”).
AFFIRMED AND REMANDED WITH INSTRUCTIONS.
LAMBERT, C.J. and EVANDER, J., concur.
1
Anders v. California, 386 U.S. 738 (1967).
2