Martin v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ANTHONY MARTIN, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D11-2234 Opinion filed May 4, 2012. Appeal from the Circuit Court for Polk County; William Bruce Smith, Judge. James Marion Moorman, Public Defender, and Julius J. Aulisio , Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee. WHATLEY, Judge. In this appeal of the order revoking his probation, Anthony Martin argues that the trial court erred in failing to provide written reasons for its finding that, as a violent felony offender of special concern, he poses a danger to the community. § 948.06(8)(e), Fla. Stat. (2010). However, the trial court orally pronounced a reason that is consistent with section 948.06(8)(e) (1)(c). "Written orders must conform to the oral pronouncements made in open court." Lundy v. State, 740 So. 2d 54, 54 (Fla. 2d DCA 1999). Accordingly, we affirm the revocation of Martin's probation but remand for correction of the written order to conform to the trial court's oral pronouncement. See Kuczko v. State, 76 So. 3d 357 (Fla. 2d DCA 2011). Affirmed but remanded. DAVIS and BLACK, JJ., Concur. -2-

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