Third District Court of Appeal
State of Florida
Opinion filed July 22, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-1298
Lower Tribunal No. 12-28532 B
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Justin Hulse,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Bronwyn C.
Miller, Judge.
Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public
Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Jonathan Tanoos, Assistant
Attorney General, for appellee.
Before WELLS, LAGOA, and SALTER, JJ.
LAGOA, J.
Justin Hulse (“Hulse”) appeals the trial court’s revocation of his community
control and sentence.
We affirm without discussion the revocation and sentence as the State
proved by a preponderance of the evidence each violation relied on by the trial
court to revoke Hulse’s community control. However, we remand the case to the
trial court for entry of a written order to conform to the trial court’s oral
pronouncement. See Owens v. State, 141 So. 3d 259 (Fla. 3d DCA 2014); Brown
v. State, 127 So. 3d 831 (Fla. 3d DCA 2013); see also 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.”).
Order and sentence affirmed; remanded with directions.
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