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Dunlap v. State

District Court of Appeal of Florida, Second District
Nov 13, 1981
405 So. 2d 796 (Fla. Dist. Ct. App. 1981)

Opinion

No. 81-513.

November 13, 1981.

Appeal from the Circuit Court, Pinellas County, Mark R. McGarry, Jr., J.

Jerry Hill, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Evelyn D. Golden, Daytona Beach, and Deborah A. Osmond, Asst. Attys. Gen., Tampa, for appellee.


Charles Dunlap appeals the order revoking his probation and requests a remand for clarification. The trial court considered the following alleged probation violations: (3) appellant would not change his residence, employment or leave the county without receiving his probation officer's consent; (4) appellant would not possess, carry or own a weapon or firearm without his probation officer's consent; (7) appellant would comply with the instructions of his probation officer.

The trial judge made an oral pronouncement that appellant changed his address without notifying his probation officer and further violated his probation by committing armed robbery. The written order of probation revocation did not recite which conditions of probation were violated and thus, it did not conform to the trial court's oral pronouncement. We find this to be erroneous since the revocation order should have stated the specific conditions which were violated. Sing Eng v. State, 350 So.2d 559 (Fla. 2d DCA 1977).

Accordingly, we remand for correction of the written order but otherwise affirm the revocation of probation. Appellant need not be present for this purpose.

OTT, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.


Summaries of

Dunlap v. State

District Court of Appeal of Florida, Second District
Nov 13, 1981
405 So. 2d 796 (Fla. Dist. Ct. App. 1981)
Case details for

Dunlap v. State

Case Details

Full title:CHARLES DUNLAP, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 13, 1981

Citations

405 So. 2d 796 (Fla. Dist. Ct. App. 1981)

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