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.
2