CLARENCE SEAWRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1990-12-21
No. 89-02960
RYDER, A.C.J., and DANAHY, J., concur.
572 So. 2d 990 Florida District Court of Appeal, Second District (1990) Caution
Cited by 4 cases
Opinion of the Court
THREADGILL, Judge.

THREADGILL, Judge.

The written order of probation in this case includes a special condition that Appellant submit to random drug tests. This condition was not orally announced by the judge at the sentencing hearing. We therefore reverse the written order of probation and remand for correction so that the written order conforms to the oral pronouncement. Williams v. State, 542 So. 2d 479 (Fla. 2d DCA 1989).

We also strike court costs and attorney’s fees without prejudice to the state to seek reimposition after proper notice and opportunity is afforded Appellant to be heard.

Appellant’s sentence is otherwise affirmed.

RYDER, A.C.J., and DANAHY, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Hayes v. State, 585 So. 2d 397 (Fla. 1st DCA 1991)
    …e section 948.03(l)(e), Florida Statutes, providing for restitution “for the damage or loss caused”), section 948.03(l)(j) is not limited in this manner. Even though random drug testing is authorized by section 948.03(1)(j), in Seawright v. State, 572 So. 2d 990 (Fla. 2d DCA 1990), it was described as a special condition of probation which, needs to be orally pronounced. However, the opinion in Sea-wright does not refer to section 948.03(l)(j), and does not indicate whether this provision, which was adopted…
  • Labar v. State, 584 So. 2d 37 (Fla. 2d DCA 1991)
    …defense had rested was waived. See M.S. v. State, 584 So. 2d 36 (Fla. 2d DCA 1991). ' However, we strike the special conditions of probation because they did not conform to the oral pronouncement at the sentencing hearing. See Seawright v. State, 572 So. 2d 990 (Fla. 2d DCA 1990); Williams v. State, 542 So. 2d 479 (Fla. 2d DCA 1989). Affirmed except remanded for conformance of the sentence to the oral pronouncement. RYDER, A.C.J., and PARKER, J., concur.…

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