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Dustin D. Badger v. State of Florida, 18-4536 (2019)

Court: District Court of Appeal of Florida Number: 18-4536 Visitors: 16
Filed: Aug. 23, 2019
Latest Update: Aug. 23, 2019
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-4536 _ DUSTIN D. BADGER, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Alachua County. Phillip A. Pena, Judge. August 23, 2019 PER CURIAM. We affirm the revocation of Appellant’s supervision and resulting sentence, but remand the case for entry of a written order that conforms with the trial court’s oral pronouncement. See Thompson v. State, 965 So. 2d 1250 , 1251 (Fla. 1st DCA 2007) (“When a conflict e
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                          No. 1D18-4536
                  _____________________________

DUSTIN D. BADGER,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                  _____________________________


On appeal from the Circuit Court for Alachua County.
Phillip A. Pena, Judge.

                          August 23, 2019


PER CURIAM.

     We affirm the revocation of Appellant’s supervision and
resulting sentence, but remand the case for entry of a written order
that conforms with the trial court’s oral pronouncement. See
Thompson v. State, 
965 So. 2d 1250
, 1251 (Fla. 1st DCA 2007)
(“When a conflict exists between an oral revocation pronouncement
and the written order revoking probation, the oral pronouncement
will control.”); see also Wells v. State, 
60 So. 3d 551
, 553 (Fla. 1st
DCA 2011) (finding that “‘[a] trial court is not permitted to revoke
probation on conduct not charged in the affidavit.’”) (quoting
Perkins v. State, 
842 So. 2d 275
, 277 (Fla. 1st DCA 2003)).
     AFFIRMED in part; REMANDED with directions to resolve
conflict between written order and oral pronouncement.

MAKAR, OSTERHAUS, and BILBREY, JJ., concur.

                _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Andy Thomas, Public Defender, and Joel Arnold, Assistant Public
Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Tabitha Herrera, Assistant
Attorney General, Tallahassee, for Appellee.




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Source:  CourtListener

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