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691 So. 2d 32

Docket No. 96-2252.

Salvatierra v. State

Jose Raoul SALVATIERRA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1997-04-02

Key passage — most relied on by later courts

“A written order of probation revocation must conform to the court's oral pronouncement at a defendant's probation revocation hearing”

quoted by 1 later decision, including 897 So. 2d 523 - Matthews v. State

Relies on 419 So. 2d 1194 - Thomas v. Ratiner · Narvaez v. State · 642 So. 2d 667 - Corona v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-04-02

How this case has been cited

Cited by 14 later decisions — most recently August 2018

14 state decisions

60199720002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

¶2Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, and Donna F. Bostic, Certified Legal Intern, for appellee.

¶3Before NESBITT, JORGENSON and SHEVIN, JJ.

¶4PER CURIAM.

¶5A written order of probation revocation must conform to the court's oral pronouncement at a defendant's probation revocation hearing. Narvaez v. State,674 So.2d 868(Fla. 2d DCA 1996); Snell v. State,658 So.2d 1165(Fla. 2d DCA 1995). Defendant here complains that the inclusion of the offense of possession of cocaine in his written order of probation violation was not supported by the evidence produced at his probation revocation hearing. Upon the state's confession of error, as well as our independent review of the record, we agree. Here, defendant's changing of his residence without informing his probation officer, his failure to file monthly probation reports, and his failure to make ordered payments for medical treatment received, all constitute sufficient evidence to satisfy the trial court's conclusion that the defendant violated his probation. See Johnson v. State,667 So.2d 475 (Fla. 3d DCA 1996); Corona v. State,642 So.2d 667 (Fla. 3d DCA 1994); Ordonez v. State,408 So.2d 760 (Fla. 4th DCA), review denied,419 So.2d 1200 (Fla.1982).

¶6Consequently, the one violation as to which there was insufficient evidence is stricken. In all other respects, the order is affirmed.

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