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Leeanna Faye BAUMGARTNER, Appellant, v. STATE of Florida, Appellee.
We affirm the revocation of Appellant's probation and resulting sentence but remand the case for entry of a written order that conforms with the trial court's oral pronouncement. See, e.g., Thompson v. State, 965 So.2d 1250, 1251 (Fla. 1st DCA 2007) (“When a conflict exists between an oral revocation pronouncement and the written order revoking probation, the oral pronouncement will control.”). Here, the written order details Appellant's violation of conditions (2), (8), and (10), as well as special condition (2) of her probation. However, at hearing, the trial court orally pronounced violations of condition (8) and special condition (2) only.
At hearing, the trial court also orally advised that Appellant would retain the option of performing community service in lieu of payment of court costs. However, the written order allows performance of community service in lieu of restitution, not court costs. On remand, the trial court should resolve the conflicts between the written order and oral pronouncements.
Affirmed and Remanded with instructions.
Per Curiam.
Rowe, Jay, and M.K. Thomas, JJ., concur.
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Docket No: No. 1D18-2671
Decided: September 20, 2019
Court: District Court of Appeal of Florida, First District.
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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.
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