WILLIAM BRADLEY KORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the judgment of conviction but reverse the imposition of costs, because at the sentencing hearing in open court no costs were imposed. The written judgment is therefore in error in that regard.
The general rule is that the written order must conform to the oral pronouncement of judgment and sentence. Bogan v. State, 462 So. 2d 115 (Fla. 2d DCA 1985); Clarke v. State, 453 So. 2d 488 (Fla. 2d DCA 1984); Bivins v. State, 454 So. 2d 723 (Fla. 1st DCA 1984); Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982); Toombs v. 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.
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Vasquez v. State, 663 So. 2d 1343 (Fla. 4th DCA 1995)…he man [*1350] datory minimum sentence orally pronounced but not incorporated in the written sentence was a valid part of the sentence because the written sentence is merely a record of the actual sentence pronounced in open court. In Kord v. State, 508 So. 2d 758 (Fla. 4th DCA 1987), in recognition of this principle, we struck the imposition of costs which were not orally pronounced. In Bartlett v. State, 638 So. 2d 631 (Fla. 4th DCA 1994), where the trial court had orally ordered costs be waived for 90 days…
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Walls v. State, 596 So. 2d 811 (Fla. 4th DCA 1992)…nt of judgment and sentence. Walls’s written sentence does not include the special conditions of his period of community control and probation. A written sentence must conform to the oral pronouncements of judgment and sentence. E.g., Kord v. State, 508 So. 2d 758, 758 (Fla. 4th DCA 1987). Because Walls’s written sentence does not conform to the trial court’s oral pronouncements, on remand the trial court is instructed to amend Walls’s written sentence not only to include a statement that he maintain or activ…
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Dean v. State, 629 So. 2d 1106 (Fla. 4th DCA 1994)…three years of probation. However, the written sentence stated three and one-half years in state prison followed by three years of probation. It is well settled that a written order must conform to the oral pronouncement of sentence. Kord v. State, 508 So. 2d 758 (Fla. 4th DCA 1987). Secondly, the state concedes that the condition of probation forbidding appellant from entering “any places that sell alcohol” is overbroad and must be stricken, as it can be easily violated unintentionally such as by entering…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daniels v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982)
- Toombs v. State, 404 So. 2d 766 (Fla. 3d DCA 1981)
- Bogan v. State, 462 So. 2d 115 (Fla. 2d DCA 1985)
- O'Byrne v. State, 462 So. 2d 115 (Fla. 2d DCA 1985)
- Clarke v. State, 453 So. 2d 488 (Fla. 2d DCA 1984)
- Woolley v. State, 459 So. 2d 1101 (Fla. 2d DCA 1984)
- Evans v. State, 490 So. 2d 1071 (Fla. 4th DCA 1986)
- Lucynthia Bivins v. State, 454 So. 2d 723 (Fla. 1st DCA 1984)