Smith v. State, 264 So. 3d 1094 (2019)

Feb. 8, 2019 · District Court of Appeal of Florida, Second District · Case No. 2D17-2268

264 So. 3d 1094

Lashay Alexander SMITH, Jr., DOC #S24878, Appellant,
v.
STATE of Florida, Appellee.

Case No. 2D17-2268

District Court of Appeal of Florida, Second District.

Opinion filed February 8, 2019

Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

Ashley Brooke Moody, Attorney General, Tallahassee, and Blain A. Goff, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

As Lashay Smith argues and the State concedes, the trial court's amended order of revocation of Smith's probation still deviates from the court's oral pronouncement at the revocation hearing concerning the conditions of probation that it found Smith to have violated. Accordingly, although we affirm the revocation of Smith's probation, we remand for the entry of a second amended order of revocation that fully conforms to the trial court's oral pronouncement at the revocation hearing.

Affirmed; remanded with directions.

SILBERMAN, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.