RICHARD DELLISANTI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1992-08-18
No. 91-1351
ZEHMER and WOLF, JJ., concur.
602 So. 2d 998 Florida District Court of Appeal, First District (1992) Positive Treatment
Cited by 2 cases

Opinion of the Court
KAHN, Judge.

KAHN, Judge.

We affirm the trial court’s order denying appellant’s motion to correct sentence. The relief sought was not appropriate for a 3.800 motion. Polmanteer v. State, 557 So. 2d 678 (Fla. 2d DCA1990); Lomont v. State, 506 So. 2d 1141 (Fla. 2d DCA1987).

AFFIRMED.

ZEHMER and WOLF, JJ., concur.


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  • Walls v. State, 609 So. 2d 83 (Fla. 1st DCA 1992)
    …have been brought to the trial court’s attention and remedied). A special condition of probation will be stricken from the written probation order if the trial court failed to pronounce the condition orally at sentencing. See, e.g,, Evans v. State, 602 So. 2d 998, 999 (Fla. 1st DCA 1992). Condition (9) of the written probation order herein, although not precisely phrased as a condition, was not orally pronounced at sentencing. Based on Evans, and on the state’s concession of error, we remand with directions…
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    …er note, however, that the trial court erroneously imposed as a condition of probation the payment of $1.00 per month to First Step of Bay County, Inc., because the trial court failed to orally pronounce such condition at sentencing. Evans v. State, 602 So. 2d 998 (Fla. 1st DCA1992). We strike this special condition of probation. AFFIRMED as modified. MINER, ALLEN and KAHN, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…

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