JONATHAN ANDREW BUCHANAN v. STATE OF FLORIDA (2023)

District Court of Appeal of Florida, Fifth District.

JONATHAN ANDREW BUCHANAN, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D22-1265

Decided: February 03, 2023

Matthew J. Metz, Public Defender, and Joshua Mosley, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm Appellant's judgment and sentence, but remand for the trial court to correct the order revoking his probation. Specifically, although the trial court's order states that Appellant willfully and substantially violated condition 10, the trial court's oral pronouncement was that a violation had not been proven. Consequently, we remand with instructions for the trial court to enter a corrected written order that comports with the conditions that were determined to have been violated. See Wasden v. State, 342 So. 3d 298 (Fla. 5th DCA 2022); Crichton v. State, 299 So. 3d 616 (Fla. 5th DCA 2020); Hart v. State, 252 So. 3d 1285, 1286 (Fla. 5th DCA 2018) (“Where the oral pronouncement of revocation conflicts with the written order, the oral pronouncement controls.”).

AFFIRMED AND REMANDED WITH INSTRUCTIONS.

FOOTNOTES

1. Anders v. California, 386 U.S. 738 (1967).

WALLIS, J.

LAMBERT, C.J. and EVANDER, J., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

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.

Explore the Network