Legal Opinion

Brewer v. State

District Court of Appeal of Florida

Decided June 29, 2011No. 3D10-1160Published

1Opinion of the Court

WELLS, Judge.

Earl Brewer appeals from an order modifying his probation to require electronic monitoring. Because the transcript of the modification hearing clearly confirms that the trial court intended to apply section 948.063 of the Florida Statutes and not the Jessica Lunsford Act as recited in the court’s written order, we reverse and remand for correction of the order modifying probation to correctly reflect the trial court’s oral ruling. See Stark v. State, 712 So.2d 454, 455 (Fla. 2d DCA 1998) (finding that the written order of probation should match the trial court’s oral…

2Cases cited2 opinions

  1. Reiter v. StateDistrict Court of Appeal of Florida · 1996
  2. Stark v. StateDistrict Court of Appeal of Florida · 1998

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