Legal Opinion

Burney v. State

District Court of Appeal of Florida

Decided June 5, 2013No. 4D12-118PublishedCited by 2 opinions

1Per curiam

The defendant appeals from the circuit court’s revocation of his probation. He argues that the court’s written order of revocation of probation is not consistent with the court’s oral pronouncement. See Ortiz v. State, 2 So.3d 318, 319 (Fla. 4th DCA 2008) (“A written order of revocation must conform to the trial court’s oral pronouncement.”) (citation omitted).

However, as the state points out, the defendant did not preserve this argument with either a contemporaneous objection or a Florida Rule of Criminal Procedure 3.800 motion. See Evans v. State, 895 So.2d 1292, 1292-93 (Fla. 1st DCA 2005)…

2Cases cited2 opinions

  1. Evans v. StateDistrict Court of Appeal of Florida · 2005
  2. Ortiz v. StateDistrict Court of Appeal of Florida · 2008

3Cited by2 opinions

  1. Daniels v. StateDistrict Court of Appeal of Florida · 2013
  2. Khan v. StateDistrict Court of Appeal of Florida · 2015

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