WELLS v. STATE

No. 1D10-2315.

60 So.3d 551 (2011)

Darryl Keith WELLS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 4, 2011.


Attorney(s) appearing for the Case

Shelley L. Thibodeau and J. Craig Williams , Jacksonville, for Appellant.

Pamela Jo Bondi , Assistant Attorney General, and Anne C. Conley and Therese A. Savona , Assistant Attorneys General, Tallahassee, for Appellee.


MARSTILLER, J.

Appellant asserts two errors by the trial court in revoking his probation and sentencing him to 15 years in prison: the court entered a written judgment that does not conform to the court's oral pronouncement; and the court fundamentally erred by finding him in violation of probation based on conduct not alleged in the probation officer's affidavit. We agree and reverse.

In October 2005, Appellant pled guilty to, and was convicted of, lewd battery...

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