BRIAN HALLMAN v. STATE OF FLORIDA (2022)

District Court of Appeal of Florida, First District.

BRIAN A. HALLMAN, Appellant, v. STATE OF FLORIDA, Appellee.

Nos. 1D21-2391, 1D21-2392, 1D21-2395

Decided: November 30, 2022

Jessica J. Yeary, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

We affirm these consolidated appeals in all respects, but remand for entry of a corrected order of revocation of probation which conforms to the circuit court's oral pronouncements during the VOP hearing. The circuit court found one violation of condition (4) and two violations of condition (5), but the written orders each list two violations of condition (4) and four violations of condition (5). The nonconforming written orders are thus in error. See, e.g., Brockington v. State, 276 So. 3d 521 (Fla. 1st DCA 2019) (reversing for written order conforming to oral pronouncement in Anders case); Givens v. State, 263 So. 3d 272 (Fla. 1st DCA 2019) (remanding for written order conforming to oral pronouncement).

AFFIRMED in part and REMANDED in part for entry of a conformed order.

PER CURIAM.

ROBERTS, OSTERHAUS, and WINOKUR, JJ., concur.

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