Melburn Thomas v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 25, 2022
Docket2D21-1317
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
MELBURN THOMAS, JR.,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D21-1317
March 25, 2022
Appeal from the Circuit Court for Polk County; Mark Carpanini,
Judge.
Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz,
Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Johnny T.
Salgado, Assistant Attorney General, Tampa (withdrew after
briefing); Taylor Schell, Assistant Attorney General, Tampa
(substituted as counsel of record), for Appellee.
PER CURIAM.
Melburn Thomas, Jr., appeals the revocation of his probation
and resulting concurrent sentences of sixty months in prison for
the underlying crimes of grand theft motor vehicle and driving with
license suspended or revoked, as well as possession of
methamphetamine and drug paraphernalia. We affirm the
revocation in all respects, but we remand to the trial court for
correction of the written order to conform to the trial court's oral
pronouncement. Although the trial court orally pronounced
reasons for finding that Mr. Thomas posed a danger to the
community as a violent felony offender of special concern pursuant
to section 948.06(8)(e), Florida Statutes (2020), the revocation order
fails to provide written reasons. A written order of revocation of
probation must conform with the trial court's oral pronouncement.
See Williams v. State, 764 So. 2d 757, 758 (Fla. 2d DCA 2000).
Accordingly, we remand with directions that the order of revocation
be corrected to conform to the trial court's oral pronouncement.
See Martin v. State, 87 So. 3d 813 (Fla. 2d DCA 2012); see also
McCray v. State, 282 So. 3d 158, 162 (Fla. 2d DCA 2019).
Affirmed; remanded with directions.
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KHOUZAM, SLEET, and LUCAS, JJ., Concur.
Opinion subject to revision prior to official publication.
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