Baraona v. State

 Annotate this Case
Download PDF
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JEREMY S. BARAONA, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D08-4137 Opinion filed December 8, 2010. Appeal from the Circuit Court for Sarasota County; Charles E. Roberts, Judge. James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee. WALLACE, Judge. Jeremy Baraona appeals an order revoking his sex offender community control and sentencing him to fifteen years' prison for one count of lewd and lascivious acts upon a child. We affirm the revocation and resulting sentence without discussion. However, we remand for correction of the written revocation order. The affidavit of violation accused Baraona of violating condition 5 (commission of new offense domestic battery), condition 9 (failure to comply with instructions), and condition 20 (consuming alcohol). Our review of the transcript reveals that the trial court found Baraona to have violated conditions 5 and 20, but the trial court made no finding concerning condition 9. In contrast, the written order of revocation specifies the violation of all three conditions. "A written order of revocation must conform with the trial court's oral pronouncement." Williams v. State, 764 So. 2d 757, 758 (Fla. 2d DCA 2000) (citing Narvaez v. State, 674 So. 2d 868 (Fla. 2d DCA 1996)). Accordingly, we remand with directions to correct the written order of revocation to conform to the trial court's oral pronouncement. Affirmed; remanded for correction. ALTENBERND and LaROSE, JJ., Concur. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.