Public-domain · open source
OpenJurist

512 So. 2d 286

Docket No. 86-2351.

Roberts v. State

Dwight ROBERTS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 8, 1987.

District Court of Appeal of Florida · decided 1987-09-08

Cited by 6 later decisions — most recently May 1999

6 state decisions

Relies on Brown v. State · 490 So. 2d 226 - Bexley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-09-08

View the full empirical analysis of this case →

¶1Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellee.

¶3Before HUBBART, BASKIN and JORGENSON, JJ.

¶4PER CURIAM.

¶5This is an appeal by the defendant Dwight Roberts from an order revoking his probation and a prison sentence imposed on him thereafter. After the probation revocation hearing below, the trial court orally found in open court that the defendant had violated his probation by: (1) changing his residence without the consent of his probation supervisor, and (2) failing to make required reports to his probation supervisor. The defendant's sole point on appeal is that the written order revoking probation, which was subsequently entered by *287 the trial court, does not track these oral findings.

¶6We entirely agree, as indeed does the state in its answer brief, and, accordingly, we affirm the probation revocation order under review, but direct that the subject order be modified on remand so as to conform to the oral findings of the trial court. See Bexley v. State,490 So.2d 226, 228 (Fla. 2d DCA 1986); Brown v. State,423 So.2d 599 (Fla. 3d DCA 1982).

¶7Affirmed and remanded for modification.

/512/so2d/286 · .json · Public domain