CHARLES EDWARD LANGSTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The revocation of appellant’s probation is affirmed, but we remand for correction of the order of revocation and the judgment and sentence.
The order assessing costs against appellant must be set aside. Since the trial court had adjudged appellant to be insolvent, it was not authorized to assess costs against him. § 939.15, Fla.Stat. (1977); Cox v. State, 334 So. 2d 568 (Fla.1976).
In addition, the written order of revocation recites a finding that appellant violated conditions (a), (h), (i), and (k), although the trial court’s oral finding at the revocation hearing reflects only that condition (i) was violated. The finding of violations of conditions (a), (h), and (k) should be deleted from the order of revocation to conform to the oral finding made at the hearing.
OTT, A. C. J., and RYDER and DAN-AHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Sparkman v. State, 445 So. 2d 1115 (Fla. 2d DCA 1984)…entence on one of the burglary counts. The trial court’s written orders of probation revocation and judgment and sentence must be corrected to conform to its oral pronouncement. Jackson v. State, 445 So. 2d 407 (Fla. 2d DCA 1984); Langston v. State, 371 So. 2d 202 (Fla. 2d DCA 1979). Since substantial competent evidence exists to support the trial court’s findings that Sparkman failed to make restitution payments, consumed alcohol on a beach in violation of a city ordinance, and committed a battery, we affir…
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Barton v. State, 389 So. 2d 1093 (Fla. 2d DCA 1980)…tions which were dismissed. The finding of violations of these conditions should be deleted from the orders of revocation to conform them to the findings made at the hearing. Brouillett v. State, 373 So. 2d 499 (Fla. 2d DCA 1980); Langston v. State, 371 So. 2d 202 (Fla. 2d DCA 1979). In case number 79-2003, we also find that the trial court erred in sentencing the appellant to ten years as an habitual offender absent a finding that such sentence was necessary to protect the public from further criminal acti…
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Rigoberto Cordero v. State, 430 So. 2d 565 (Fla. 3d DCA 1983)…2d 493 (1967). The action revoking probation is affirmed, however the matter is remanded to the trial court to conform the written order of revocation to the oral pronouncement. Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979); Langston v. State, 371 So. 2d 202 (Fla. 2d DCA 1979). Affirmed with directions.…
Authorities Cited
- COX v. State, 334 So. 2d 568 (Fla. 1976)