CHRISTOPHER AYERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1995-03-03
No. 94-00361
CAMPBELL, A.C.J., and QUINCE, J., concur.
651 So. 2d 1226 Florida District Court of Appeal, Second District (1995) Caution
Cited by 10 cases

Opinion of the Court
THREADGILL, Judge.

THREADGILL, Judge.

The appellant, a juvenile, challenges his sentences as an adult for burglary and possession of burglary tools on the ground that the trial court failed to make sufficient findings under section 39.059(7), Florida Statutes (1993) to support the imposition of adult sanctions. We affirm the sentences imposed. We remand, however, for the written sentencing order to be conformed to the trial court’s oral pronouncement at the sentencing hearing. The trial court orally sentenced the appellant to three years’ incarceration followed by two years’ community control. The written sentencing order omits community control. We therefore remand for the written sentencing order to be conformed to the oral pronouncement. See Butler v. State, 450 So. 2d 1283 (Fla. 2d DCA 1984). The appellant need not be present.

Affirmed; remanded.

CAMPBELL, A.C.J., and QUINCE, J., concur.


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Cited By

  • Evans v. State, 678 So. 2d 863 (Fla. 2d DCA 1996)
    …“Subrogate any personal injury funds for the benefit of the victim until after restitution is determined.” We, therefore, remand for the written orders of community control and probation to be conformed to the oral pronouncement. See Ayers v. State, 651 So. 2d 1226 (Fla. 2d DCA 1995). We affirm the conviction and sentence. We affirm the order of community control except for condition (21). We affirm the order of probation except for condition (17) and remand this case to the trial court to modify those two co…
  • Pardes v. State, 696 So. 2d 823 (Fla. 2d DCA 1997)
    …y at suitable employment insofar as may be possible.” § 948.03(l)(e), Fla.Stat. (Supp.1994). We strike condition two because it does not comport with the trial court’s pronouncement at sentencing that waived costs of supervision. See Ayers v. State, 651 So. 2d 1226, 1227 (Fla. 2d DCA 1995). At the top of Mr. Pardes’s probation order is an unusual computer-printed memorandum that appears to be a summary of the sentencing hearing on July 13, 1995. It states “waiver of privileged communication signed and filed w…
  • D.W.P. v. State, 677 So. 2d 956 (Fla. 2d DCA 1996)
    …t the probation order should conform to the trial court’s oral pronouncement. D.W.P. argues, and the state correctly concedes, that the order of disposition should conform to the sentence that the trial court orally pronounced. See Ayers v. State, 651 So. 2d 1226 (Fla. 2d DCA 1995). At the sentencing hearing, the trial court announced that, as a condition of his probation, D.W.P. was to have no contact with minor children unless a responsible adult was present. However, the order of disposition only states t…
    1 / 2

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