Samuel SMITH, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Terri Leon-Benner, Assistant Attorney General, for appellee.
Before NESBITT, LEVY and SHEVIN, JJ.
SHEVIN, Judge.
Samuel Smith appeals orders of revocation of community control finding that Smith violated *1034 five community control conditions, and imposing sentence. First, as an initial point, we agree with the state's proper concession that the trial court's written order finding that Smith failed to complete the community service condition does not conform with its oral pronouncement finding that Smith completed the required hours. See Corona v. State,
Next, we find that the state failed to carry its burden to establish a willful and substantial violation of the community contol conditions directing Smith to submit a truthful public service schedule, to follow his supervisor's instructions and to pay court costs. See Howard v. State,
However, as Smith concedes, the record supports the trial court's finding that Smith violated his community control by failing to remain confined to his residence. See, e.g., Allen v. State,
Accordingly, we affirm the order in part, reverse in part, and vacate the sentence. We remand the cause for correction of the revocation order and reconsideration of the sentence.
Affirmed in part, reversed in part, and cause remanded with directions.
