Shannon Lenard Green appeals the revocation of his probation based on the trial court’s findings that he violated conditions 3, 5, 7, and 13 of his probation. We conclude that the evidence presented to the trial court was insufficient to support a violation of condition 13, and we remand for the trial court to strike its finding regarding that violation. However, we affirm the revocation of Green’s probation and the resulting sentence based on his violation of conditions 3, 5, and 7.
On remand, the revocation of Green’s probation and his two-year sentence need not be reconsidered because competent, substantial evidence supported the trial court’s findings that Green willfully and substantially violated conditions 3 (prohibiting Green from changing residence without the consent of his supervising officer), 5 (requiring Green to live and remain at
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liberty without violating the law), and 7 (prohibiting Green from using or possessing illegal drugs), and these violations were sufficient to revoke probation.
See, e.g., Miffin v. State,
Finally, we note that there is an inconsistency between the court’s oral pronouncement and its written revocation order. The transcript of the revocation hearing reflects that the trial court orally found Green in violation of conditions 3, 5, 7, and 13. While the court orally discussed the terms of condition 1, it did not expressly find that condition 1 had been violated. However, the written order revoking probation entered two months after the revocation hearing recited that Green had violated conditions 1, 5, 7, and 13 and made no reference to condition 3. We direct the trial court on remand to amend its written order of revocation to conform to its oral pronouncement. See
West v. State,
Affirmed; remanded with directions.
