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Allen v. State

District Court of Appeal of Florida, Third District
Apr 11, 2001
780 So. 2d 346 (Fla. Dist. Ct. App. 2001)

Summary

remanding for correction of final order of revocation of probation and directing the trial court to enter written order that provided the basis for revocation and conformed to the trial court's oral findings at the revocation hearing

Summary of this case from Mitchell v. State

Opinion

No. 3D00-2057.

Opinion filed April 11, 2001.

An Appeal from the Circuit Court for Dade County, Robert N. Scola, Jr., Judge. Lower Tribunal No. 98-20172.

Remanded with directions.

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before Schwartz, C.J., and Jorgenson and Green, JJ.


CONFESSION OF ERROR


Based upon the State's proper confession of error, we remand this matter to the trial court for correction of the final order of revocation of probation. Upon remand, the trial court shall enter a written order that provides the basis for revocation and conforms to the trial court's oral findings at the revocation hearing. See McCloud v. State, 653 So.2d 453 (Fla. 3d DCA 1995) (holding that trial court is required to provide written statement of reasons for revocation, and evidence relied upon in making that finding); Manuel v. State, 564 So.2d 291 (Fla. 3d DCA 1990) (holding that written order of revocation of probation must conform to oral findings of trial court).


Summaries of

Allen v. State

District Court of Appeal of Florida, Third District
Apr 11, 2001
780 So. 2d 346 (Fla. Dist. Ct. App. 2001)

remanding for correction of final order of revocation of probation and directing the trial court to enter written order that provided the basis for revocation and conformed to the trial court's oral findings at the revocation hearing

Summary of this case from Mitchell v. State
Case details for

Allen v. State

Case Details

Full title:LEON ALLEN, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Apr 11, 2001

Citations

780 So. 2d 346 (Fla. Dist. Ct. App. 2001)

Citing Cases

Mitchell v. State

See Wilcox, 919 So.2d at 609 ; McCloud, 653 So.2d at 455. Cf. Allen v. State, 780 So.2d 346, 346 (Fla. 3d DCA…

Gonzalez v. State

Accordingly, we reverse the order and remand the cause to the trial court with directions to enter an order…