Public-domain · open source
OpenJurist

958 So. 2d 1029

Docket No. 5D06-3358.

Bitzer v. State

Douglas A. BITZER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 1, 2007.

Rehearing Denied June 29, 2007.

District Court of Appeal of Florida · decided 2007-06-01

Cited by 2 later decisions — most recently February 2009

2 state decisions

Relies on 908 So. 2d 556 - McNeil v. State · 954 So. 2d 1266 - Knight v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-06-01

View the full empirical analysis of this case →

¶1James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

¶3PLEUS, C.J.

¶4The defendant appeals from the revocation of his probation. We have carefully considered his claims and affirm, save for one aspect. Both the defendant and State agree that the written order of revocation contains a scrivener's error. The trial court verbally pronounced only that the defendant had violated condition (3) of his probation but the written order of revocation recites violations of conditions (3), (9) and (45). It is well settled that where a written order does not conform to the trial court's oral pronouncement, the oral pronouncement controls. Knight v. State,954 So.2d 1266 (Fla. 5th DCA 2007); McNeil v. State,908 So.2d 556 (Fla. 2d DCA 2005).

¶5The cause is remanded solely for the purpose of enabling the trial court to enter a written order of revocation of probation, nunc pro tunc, in accordance with its oral pronouncement. The defendant need not be present for this correction. Knight.

¶6AFFIRMED, REMANDED for correction of scrivener's error.

¶7GRIFFIN and LAWSON, JJ., concur.

/958/so2d/1029 · .json · Public domain