JAMES G. STACKHOUSE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SHIVERS, Chief Judge.
Stackhouse was adjudged guilty of a third degree felony and a first degree misdemeanor. He was sentenced to five years probation and one year probation to run concurrently. Of the four issues Stack-house raises on appeal, only one has merit.
The written judgment placing Stack-house on probation contains conditions not announced at sentencing — payment of one dollar a month to a rehabilitation corporation, attendance at drug evaluation and counseling as directed by the probation officer, and submission to blood and breath tests as directed by the probation officer. Because these conditions were not announced at sentencing, reversal and remand is mandated for correction of the written order to conform to the oral pronouncement. Rowland v. State, 548 So. 2d 812 (Fla. 1st DCA 1989).
ERVIN, J., and WENTWORTH, Senior Judge, concur.
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Lowell v. State, 652 So. 2d 975 (Fla. 1st DCA 1995)…dition set out in section 948.03, Florida Statutes (1991); consequently, the court was required to orally pronounce it. As such was not done, the condition must be stricken. Vincent v. State, 600 So. 2d 1292 (Fla. 1st DCA 1992); Stackhouse v. State, 576 So. 2d 923 (Fla. 1st DCA 1991); Gilbert v. State, 647 So. 2d 853 (Fla. 2d DCA 1994) (on reh’g). The mandatory minimum applicable to aggravated assault on a law enforcement officer is one year, not three years as was imposed on appellant. See § 775.0823(7), F…
Authorities Cited
- Rowland v. State, 548 So. 2d 812 (Fla. 1st DCA 1989)