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969 So. 2d 1159

Barnes v. State

District Court of Appeal of Florida

Decided November 21, 2007

District Court of Appeal of Florida · decided 2007-11-21

Relies on 511 So. 2d 1132 - Mendoza Madoses v. State · 489 So. 2d 224 - Lawrence v. Central Plaza Bank & Trust Co. · Moss v. State

Decided 2007-11-21

POLEN, J.

¶1Appellant Kurtis Barnes timely appeals the revocation of probation for possession of cocaine with intent to deliver and sentence of fifteen years in Florida state prison.

¶2Barnes argues that the amendment of the date of the crime, coming as it did in the middle of the hearing, was substantial and prejudicial. Barnes claims he is entitled to a new hearing as his right to a fair hearing was violated. We affirm on that issue but remand with instructions to enter a written order specifying the conditions of probation which Barnes was found to have violated and which conforms to the court’s oral declarations. See Moss v. State, 617 So.2d 473 (Fla. 4th DCA 1993); Madoses v. State, 511 So.2d 1132 (Fla. 4th DCA 1987); Jordan v. State, 489 So.2d 224 (Fla. 2d DCA 1986).

¶3Affirmed and Remanded with instructions.

KLEIN and MAY, JJ., concur.
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