IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
OSCAR GLENN, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D16-3820
STATE OF FLORIDA,
Appellee.
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Opinion filed June 9, 2017.
An appeal from the Circuit Court for Taylor County.
Gregory S. Parker, Judge.
Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, for
Appellant.
Pamela Jo Bondi, Attorney General, and Quentin Humphrey, Assistant Attorney
General, for Appellee.
PER CURIAM.
Oscar Glenn appeals an order revoking his probation. He argues among other
things that the trial court erred by not providing written reasons for its finding that
he poses a danger to the community under section 948.06(8)(e), Florida Statutes.
The trial court orally made the statutorily required factual findings, so we affirm the
revocation of probation. But we remand for correction of the trial court’s written
order, so that it can be conformed to the trial court’s oral pronouncement.
In 2014, Appellant pled guilty to one count of sale of cocaine within 1,000
feet of a place of worship and two counts of solicitation to commit witness
tampering. He was sentenced to probation. In March, 2016, the State filed an
affidavit alleging that Appellant violated the terms of his probation. The trial court
conducted a hearing and revoked his probation. At the sentencing hearing, the trial
court revoked Appellant’s probation and sentenced him to 133.8 months in prison
on the first count, and five years in prison on the other two counts, to run concurrent
with the sentence for count one. Although the trial court orally stated several reasons
for its decision to revoke Appellant’s probation, it did not reduce any of them to
writing. This appeal followed.
Section 948.06(8)(e)1, Florida Statutes, requires that a trial court make
written findings regarding whether a violent felony offender of special concern poses
a danger to the community. Because here the trial court articulated several reasons
that satisfy the statute, we affirm the revocation of Appellant’s probation. But
because the trial court did not reduce its reasons to writing, we reverse and remand
with instructions that the trial court enter a written order that conforms to its oral
pronouncements. See Arnone v. State, 204 So. 3d 556, 557 (Fla. 4th DCA 2016);
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Bell v. State, 150 So. 3d 1214 (Fla. 5th DCA 2014); Martin v. State, 87 So. 3d 813
(Fla. 2d DCA 2012). We also affirm with respect to Appellant’s second, sentencing
scoresheet-related argument.
AFFIRMED in part, REVERSED in part, and REMANDED.
WETHERELL, OSTERHAUS, and M.K. THOMAS, JJ., CONCUR.
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