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Howard v. State

District Court of Appeal of Florida, Fourth District
Apr 3, 1985
473 So. 2d 716 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-1850.

April 3, 1985.

Appeal from Circuit Court, Broward County; Harry G. Hinckley, Jr., Judge.

Richard L. Jorandby, Public Defender, and Thomas F. Ball, III, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for appellee.


After reviewing the briefs and the record on appeal in this case, we find the appellant failed to demonstrate that his probation violation was not willful and substantive. Therefore, we affirm the revocation of his probation.

Nevertheless, the trial court failed to enter a written order revoking appellant's probation, and accordingly, we remand for entry of same. Manley v. State, 453 So.2d 231 (Fla. 4th DCA 1984). The trial court, on remand, should enter an order to conform to its oral pronouncements which sentenced him to two years in prison for the strong armed robbery. However, it is without authority to sentence him for more than sixty days for the simple assault conviction, Section 784.011(2), Florida Statutes (1983), and its order should reflect this.

GLICKSTEIN and BARKETT, JJ., concur.


Summaries of

Howard v. State

District Court of Appeal of Florida, Fourth District
Apr 3, 1985
473 So. 2d 716 (Fla. Dist. Ct. App. 1985)
Case details for

Howard v. State

Case Details

Full title:TYRONE HOWARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 3, 1985

Citations

473 So. 2d 716 (Fla. Dist. Ct. App. 1985)

Citing Cases

Howard v. State

SHAW, Justice. We review Howard v. State, 473 So.2d 716 (Fla. 4th DCA 1985), based on direct and express…