Legal Opinion

Dillard v. State

District Court of Appeal of Florida

Decided September 10, 2003No. 3D03-164Published

1Opinion of the Court

CONFESSION OF ERROR

2Per curiam

The defendant, Gerald Dillard, appeals from an order revoking his probation. We affirm the order revoking his probation but remand for correction of the written order.

As the State properly concedes, the written order revoking probation must conform to the trial court’s oral pronouncements. See Leiva v. State, 814 So.2d 539 (Fla. 3d DCA 2002); Sellers v. State, 793 So.2d 1148 (Fla. 3d DCA 2001). Therefore, this cause is remanded for entry of a corrected order striking the trial court’s finding that the defendant violated his probation by failing four drug tests.

Affirmed as…

3Cases cited2 opinions

  1. Sellers v. StateDistrict Court of Appeal of Florida · 2001
  2. Leiva v. StateDistrict Court of Appeal of Florida · 2002

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