2D11-2234 / Martin v. State

State: Florida

Court: Florida Southern District Court

Docket No: 2D11-2234

Case Date: 05/04/2012

Plaintiff: 2D11-2234 / Martin

Defendant: State

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED.
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
ANTHONY MARTIN,                                                                               )
)
Appellant,                                                                                    )
)
v.                                                                                            )                                                                                    Case No. 2D11-2234
)
STATE OF FLORIDA,                                                                             )
)
Appellee.                                                                                     )
)
Opinion filed May 4, 2012.
Appeal from the Circuit Court for Polk
County; William Bruce Smith, Judge.
James Marion Moorman, Public Defender,
and Julius J. Aulisio , Assistant Public
Defender, Bartow, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Diana K. Bock, Assistant
Attorney General, Tampa, for Appellee.
WHATLEY, Judge.
In this appeal of the order revoking his probation, Anthony Martin argues
that the trial court erred in failing to provide written reasons for its finding that, as a
violent felony offender of special concern, he poses a danger to the community.   §
948.06(8)                                                                                     (e), Fla. Stat. (2010).   However, the trial court orally pronounced a reason that
is consistent with section 948.06(8)(e) (1)(c).   "Written orders must conform to the oral

pronouncements made in open court."   Lundy v. State, 740 So. 2d 54, 54 (Fla. 2d DCA
1999).
Accordingly, we affirm the revocation of Martin's probation but remand for
correction of the written order to conform to the trial court's oral pronouncement.   See
Kuczko v. State, 76 So. 3d 357 (Fla. 2d DCA 2011).
Affirmed but remanded.
DAVIS and BLACK, JJ., Concur.
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