Broviak 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 LAWRENCE E. BROVIAK, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D14-2998 Opinion filed November 4, 2015. Appeal from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge. Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kiersten E. Jensen, Assistant Attorney General, Tampa, for Appellee. CASANUEVA, Judge. Lawrence E. Broviak appeals an order revoking his community control and the sentence imposed upon the revocation. We affirm but remand with instructions to strike the reference to the violation of condition number sixteen from the order revoking community control so that the order conforms to the trial court's oral pronouncement. See Turner v. State, 873 So. 2d 480, 481 (Fla. 2d DCA 2004) ("A written order of revocation of probation must conform with the trial court's oral pronouncement." (citing Williams v. State, 764 So. 2d 757 (Fla. 2d DCA 2000))). Affirmed; remanded with instructions. KHOUZAM and BLACK, JJ., Concur. -2-

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