JERRY SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BARFIELD, Judge.
The inclusion of special conditions of probation in a written order that were not orally pronounced at the sentencing hearing mandates reversal and remand for correction of the written order to conform to the oral pronouncement. Rowland v. State, 548 So. 2d 812 (Fla. 1st DCA 1989); Williams v. State, 542 So. 2d 479 (Fla.1989).
The imposition of costs without affording the defendant proper notice and opportunity to object also mandates reversal of the costs assessment without prejudice to the State’s right to seek reassessment upon proper notice and an opportunity to be heard. Jenkins v. State, 444 So. 2d 947 (Fla.1984).
REVERSED and REMANDED for further proceedings consistent with this opinion.
SHIVERS, C.J., and WIGGINTON, J., concur.
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Buckley v. State, 577 So. 2d 1302 (Fla. 1991)…PER CURIAM. Pursuant to article V, section 3(b)(4) of the Florida Constitution, we review Buckley v. State, 558 So. 2d 534 (Fla. 1st DCA 1990), in which the court certified as a matter of great public importance the same question that was certified in Glass v. State, 574 So. 2d 1099 (Fla.1991). We disposed of the question in Glass. Because the decision below is consiste…
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McCOLLUN v. State, 586 So. 2d 490 (Fla. 1st DCA 1991)…clusion of special conditions of probation in a written order that were not orally pronounced at the sentencing hearing mandate a reversal and remand for correction of the written order to conform to the oral pronouncement.” See also Smith v. State, 558 So. 2d 534 (Fla. 1st DCA 1990); [*492] Williams v. State, 542 So. 2d 479 (Fla. 2d DCA 1989). Paragraph ten of the written probation order in this case requires appellant to pay one dollar per month to First Step, Inc., as directed by his probation officer. Si…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Rowland v. State, 548 So. 2d 812 (Fla. 1st DCA 1989)
- Williams v. State, 542 So. 2d 479 (Fla. 2d DCA 1989)
- Oden v. State, 542 So. 2d 479 (Fla. 2d DCA 1989)