RICHARD NEIL EVANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1986-07-09
No. 85-2242
LETTS, WALDEN and GUNTHER, JJ., concur.
490 So. 2d 1071 Florida District Court of Appeal, Fourth District (1986) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed, except this cause is remanded to the trial court in order to correct the written order to conform to the court’s oral pronouncement of sentence as to Counts II and III, see Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982); and to strike the. assessment of costs imposed upon this indigent defendant since it appears from the record that the trial court did not intend to impose costs. See Williams v. State, 478 So. 2d 122 (Fla. 4th DCA 1985); Davis v. State, 477 So. 2d 47 (Fla. 4th DCA 1985).

AFFIRMED; REMANDED FOR CORRECTION.

LETTS, WALDEN and GUNTHER, JJ., concur.


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  • Kord v. State, 508 So. 2d 758 (Fla. 4th DCA 1987)
    …State, 404 So. 2d 766 (Fla. 3d DCA 1981), rev. denied, 412 So. 2d 471 (Fla.1982). The rule applies as well to the imposition of costs. Woolley v. State, 459 So. 2d 1101 (Fla. 2d DCA), rev. denied, 466 So. 2d 218 (Fla.1985). See also Evans v. State, 490 So. 2d 1071 (Fla. 4th DCA 1986). AFFIRMED IN PART; REVERSED IN PART; REMANDED. HERSEY, C.J., and DELL and STONE, JJ., concur.…
  • Ronol Mendoza Madoses v. State, 511 So. 2d 1132 (Fla. 4th DCA 1987)
    …y-six months. Of course, the oral pronouncement takes precedence over the written sentence because the written sentence is merely a record of the sentence pronounced in open court. Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982); Evans v. State, 490 So. 2d 1071 (Fla. 4th DCA 1986). Therefore the written sentence should be corrected to comply with the oral sentence. The parties agree that the court erred in not filing a written order of revocation and that the cause should be remanded for entry of such an…
  • Matyisin v. State, 523 So. 2d 809 (Fla. 4th DCA 1988)
    …record here clearly reflects that the trial court intended to revoke probation solely on grounds I, II, V and VI. Thus, this Court hereby strikes grounds III, IV and VII from the order of revocation and affirms the order as amended. Molly v. State, 490 So. 2d 1071 (Fla. 4th DCA 1986); Terrell v. State, 480 So. 2d 248 (Fla. 4th DCA 1985); May v. State, 472 So. 2d 890 (Fla. 4th DCA 1985). The order appealed is amended and thus, the same is AFFIRMED. HERSEY, C.J., and DELL and WALDEN, JJ., concur.…

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