FREDERICK DEAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a written sentence must conform to the oral pronouncement and that a probation condition forbidding entry into places selling alcohol is overbroad.
The trial court orally pronounced a sentence of three years in prison followed by probation, but the written sentence stated three and one-half years.…
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PER CURIAM.
Reversed. In sentencing appellant for a violation of probation, the trial court orally announced a sentence of three years in state prison followed by three years of probation. However, the written sentence stated three and one-half years in state prison followed by three years of probation. It is well settled that a written order must conform to the oral pronouncement of sentence. Kord v. State, 508 So. 2d 758 (Fla. 4th DCA 1987).
Secondly, the state concedes that the condition of probation forbidding appellant from entering “any places that sell alcohol” is overbroad and must be stricken, as it can be easily violated unintentionally such as by entering a grocery store or a gas station. See Huff v. State, 554 So. 2d 616 (Fla. 2d DCA 1989).
Finally, we would note that the scoresheet prepared by the assistant state attorney and filed subsequent to oral pronouncement of sentence did not conform to the court’s instructions. While the assistant state attorney corrected the scoresheet to show the correct degree of the primary offense at conviction according to the court’s instructions, he also added on his own accord 24 points for victim injury which were never included on the original scoresheet. This was error. See Graham v. State, 559 So. 2d 343 (Fla. 4th DCA 1990). Upon remand the scoresheet should be corrected by removing these points.
WARNER, KLEIN and PARIENTE, JJ., concur.
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Hughes v. State, 667 So. 2d 910 (Fla. 4th DCA 1996)…rida” was not “sufficiently definite to advise [a]ppellant of the limits of the restriction.” Almond, 350 So. 2d at 810. The trial court must not impose conditions of probation which are overbroad and can be violated unintentionally. Dean v. State, 629 So. 2d 1106 (Fla. 4th DCA 1994) (condition that defendant not enter “any places that sell alcohol” was overbroad and had to be stricken, as it could be easily violated unintentionally). In the instant case, had the court prohibited travel to a particular neighb…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kord v. State, 508 So. 2d 758 (Fla. 4th DCA 1987)
- Graham v. State, 559 So. 2d 343 (Fla. 4th DCA 1990)
- Huff v. State, 554 So. 2d 616 (Fla. 2d DCA 1989)