FRANK BROWN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WIGGINTON, Judge.
Appellant brings this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), challenging his judgment of conviction and sentence for aggravated battery. We affirm but at the same time note a slight discrepancy existing between the oral pronouncement of the amount of restitution to be paid and the written probation order. At the hearing, the court announced appellant would pay $915 to the hospital, $230 to the doctor, and $28 for medication, totaling $1173. The court further observed that by the time appellant would be able to pay this amount, the Crimes Compensation Fund would have already satisfied the obligation. Accordingly, the court requested counsel to word the probation order to reflect that at the time appellant would begin to make restitution, the money would go to the Fund. However, in reviewing the probation order, it would appear that that specific language, as well as the obligation to pay $28 for medication, was omitted. Thus, it is necessary to remand this cause to the trial court so that that portion of the order of probation be corrected.
ALLEN and WEBSTER, JJ., concur.
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K.F. and D.C. v. State, 746 So. 2d 493 (Fla. 1st DCA 1999)…Since there is competent substantial evidence to support the trial court’s restitution decision, we affirm with regard to this issue. Nevertheless, a written restitution order must conform to the trial court’s oral pronouncement. See Brown v. State, 605 So. 2d 588 (Fla. 1st DCA 1992); Walker v. State, 701 So. 2d 401, 402 (Fla. 5th DCA 1997). Therefore, we must remand for correction of the written restitution order to reflect the amount orally pronounced by the court. Similarly, the state properly concedes the…
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Willis v. State, 656 So. 2d 261 (Fla. 1st DCA 1995)…must serve 15 years without eligibility for release for 10 years. Where there is a discrepancy between the oral pronouncement and the written sentence, a remand is necessary to conform the written sentence to the oral pronouncement. Brown v. State, 605 So. 2d 588 (Fla. 1st DCA 1992). Accordingly, the case is remanded to the trial court with instruc [*262] tions to conform the 'written sentence to the oral pronouncement. ERVIN, MINER and BENTON, JJ., concur.…
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Vilicic v. State, 637 So. 2d 978 (Fla. 1st DCA 1994)…en sentencing or probation order must conform to the trial court’s oral pronouncement, Beaver v. State, 588 So. 2d 659 (Fla. 1st DCA 1991), and where the written order contains discrepancies, the case must be remanded for correction. Brown v. State, 605 So. 2d 588 (Fla. 1st DCA 1992). Accordingly, this case is remanded, and the trial court is directed to conform the written sentence to the oral pronouncements made at the October 22, 1992 hearing. ZEHMER, C.J., and WEBSTER, J., concur.…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)