Willie Gant v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 22, 2022
Docket2D21-2034
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
WILLIE GANT,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D21-2034
June 22, 2022
Appeal from the Circuit Court for Hillsborough County; Melissa
Polo, Judge.
Joe Caimano, Tampa, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and C. Todd
Chapman, Assistant Attorney General, Tampa, for Appellee.
VILLANTI, Judge.
Willie Gant appeals from an order revoking his probation and
the resulting sentence. We affirm the revocation of Gant's
probation and the sentence imposed. However, the revocation order
states that Gant admitted to violating condition 5 of his probation,
whereas the record reflects that the trial court found Gant to have
willfully and substantially violated six conditions of his probation
following a contested evidentiary hearing.
Accordingly, we remand for entry of a corrected revocation
order deleting the statement that Gant admitted to a violation of his
probation and listing each condition the trial court found Gant to
have violated. See Nisbett v. State, 326 So. 3d 1212, 1212 (Fla. 2d
DCA 2021) (remanding for correction of an order of revocation that
incorrectly stated that Nisbett admitted to violating condition 5 of
his probation); Young v. State, 326 So. 3d 1180, 1181 (Fla. 2d DCA
2021) ("A written order of revocation of probation must conform
with the trial court's oral pronouncement."). Gant need not be
present when the amended revocation order is rendered. See Hayes
v. State, 927 So. 2d 15, 16 (Fla. 2d DCA 2006).
Affirmed; remanded with instructions.
KHOUZAM and LABRIT, JJ., Concur.
Opinion subject to revision prior to official publication.
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