MILTON THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction and sentence but remanded for correction of the written probation order to match the oral pronouncement.
The defendant was convicted of possession of contraband and sentenced to probation. The written probation order incorrectly stated the county of proba…
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PER CURIAM.
Milton Thomas has appealed the sentence imposed following his conviction of two counts of possession of contraband in a county detention facility. We affirm, but remand for correction of the written probation order to conform to the oral pronouncement of the trial court.
Thomas first challenges two of the conditions placed on his probation by the trial court, to wit: that he live in Broward County, Florida for the term of his probation, and that he not return to Gadsden County, Florida. Thomas agreed to these conditions, and did not object to their imposition. We therefore affirm. See Almond v. State, 350 So. 2d 810 (Fla. 4th DCA 1977), cert. denied 358 So. 2d 128 (Fla.1978), and Larson v. State, 572 So. 2d 1368 (Fla.1991).
Thomas also points out that the written probation order does not conform to the trial court’s oral pronouncement, in that the written order indicates that Thomas is to spend the probationary period in Gadsden County, rather than Broward County. The state concedes this error. We therefore remand so that the written probation order can be corrected to conform with the oral pronouncement in this regard. See, e.g., Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991). The sentence is in all other respects affirmed.
JOANOS, C.J., and ERVIN and SHIVERS, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. State, 639 So. 2d 1117 (Fla. 1st DCA 1994)…ten years of imprisonment for the first count, followed by five years of probation for the second count. His convictions and sentences were affirmed on appeal, subject to a slight modification of one of the conditions of probation. Thomas v. State, 582 So. 2d 831 (Fla. 1st DCA 1991). Appellant timely filed a motion for post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, in which he asserted four grounds for relief, one of which alleged his trial counsel’s ineffectiveness due to his…
Authorities Cited
- Myren Wayne Larson v. State, 572 So. 2d 1368 (Fla. 1991)
- Louie Anthony Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991)
- Fernandez v. Efigenia Nancy Fernandez, 578 So. 2d 339 (Fla. 3d DCA 1991)
- Almond v. State, 350 So. 2d 810 (Fla. 4th DCA 1977)