CHARLES MCBRIDE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*406] PER CURIAM.
We affirm appellant’s conviction and sentence except for the order of restitution to the victim which we reverse. The defendant was found not guilty of the theft of the VCR for which restitution was ordered. Therefore, restitution for its loss is improper. See Simmons v. State, 484 So. 2d 104 (Fla. 4th DCA 1986). Furthermore, the trial court’s oral sentence did not include a requirement of restitution although the written sentence did. However, the written order must conform to the oral pronouncement. Tannihill v. State, 559 So. 2d 608 (Fla. 4th DCA 1990).
Affirmed in part, reversed in part and remanded for entry of order vacating order of restitution.
ANSTEAD, HERSEY and WARNER, JJ., concur.
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Weiss v. State, 670 So. 2d 1113 (Fla. 4th DCA 1996)…l and substance abuse treatment. The trial court’s written order reflects that such treatment was “ordered.” As such, we remand with directions for the trial court to enter a written order conforming to its oral pronouncement. See McBride, v. State, 617 So. 2d 405 (Fla. 4th DCA 1993); Tannihill v. State, 559 So. 2d 608 (Fla. 4th DCA 1990). GUNTHER, C.J., and STONE and POLEN, JJ., concur.…
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Arroyo v. State, 651 So. 2d 223 (Fla. 4th DCA 1995)…At sentencing in lower court case number 88-9924, the trial court announced a sentence of ten years. The written sentence is thirty years. It is required that the written sentence comport with the oral pronouncement in open court. McBride v. State, 617 So. 2d 405 (Fla. 4th DCA 1993). We therefore reverse as to this point on appeal and remand for the sole purpose of correcting the written sentence. See Royal v. State, 634 So. 2d 827 (Fla. 4th DCA 1994). In all other respects we affirm the convictions and sent…
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Seymore v. State, 667 So. 2d 408 (Fla. 4th DCA 1996)…court reviewed the list of prior criminal offenses with him. We do agree, as pointed out by appellant’s counsel, that the restitution order of [*409] $260 should be stricken because it was not orally pronounced at sentencing. See McBride v. State, 617 So. 2d 405 (Fla. 4th DCA 1993). Accordingly, we grant the motion to withdraw of the office of public defender pursuant to Anders, affirm the sentence, but remand with directions that the order of restitution be stricken. AFFIRMED IN PART; REVERSED IN PART AN…
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- Tannihill v. State, 559 So. 2d 608 (Fla. 4th DCA 1990)
- Ford v. State, 484 So. 2d 104 (Fla. 4th DCA 1986)