Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Johnny D. WILLIAMS, Appellant, v. STATE of Florida, Appellee.
Appellant challenges his judgment and sentence following the revocation of his community control in two separate cases. We find no merit in appellant's argument that the trial court erred in finding that he wilfully and substantially violated his community control. Appellant's probation officer testified that he had failed to pay costs of supervision in violation of condition (2), that he failed to register as a sex offender in violation of condition (9), that he failed on two occasions to remain confined to his approved residence in violation of condition (12), and that he failed to pay court costs in violation of condition (13). After a review of the record, we conclude that the trial court did not abuse its discretion in finding that appellant violated conditions (9) twice and (12) once, and affirm the revocation.
We do, however, find merit in appellant's argument regarding the revocation order. A review of the transcript reveals that the trial court orally found appellant in violation of condition (9) twice, in failing to register as a sex offender with the sheriff's office, and in failing to register with the Department of Motor Vehicles; and in violation of condition (12) for failing to remain confined to his approved residence on January 24, 1999. The written order of revocation in Case No. 97-0776 found appellant in violation of conditions (2), (12) twice, and (13). In Case No. 97-1032, the written order of revocation specifies a violation of conditions (2), (9) twice, and (13). A written order of revocation must conform with the trial court's oral pronouncement. See Narvaez v. State, 674 So.2d 868 (Fla. 2d DCA 1996). We, therefore, remand with directions that the revocation orders be corrected to conform to the oral pronouncement.
Finally, the offenses occurred on April 14, 1997, and between February 1 and March 11, 1997. Because appellant was sentenced pursuant to the 1995 sentencing guidelines, on remand, the trial judge is directed to reconsider his sentence. See Heggs v. State, 759 So.2d 620 (Fla.2000). Smith v. State, 761 So.2d 419 (Fla. 2d DCA 2000).
Affirmed in part; remanded with directions.
PER CURIAM.
CAMPBELL, A.C.J., and SALCINES, J., and DANAHY, PAUL W., (Senior) Judge, Concur.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 2D99-2599.
Decided: July 07, 2000
Court: District Court of Appeal of Florida,Second District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)