CLARENCE MAJOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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STEVENSON, Judge.
This is an appeal from a final order of revocation of probation. We affirm the findings of violation, but remand for a reduction in sentence. Specifically, appellant should be credited for the amount of time he completed on his original probations in each case so that the total probationary term already served and that which is to be served does not exceed the maximum sentence allowed for the underlying offenses. See State v. Round-tree, 644 So. 2d 1358 (Fla.1994). Further, we direct the trial court to conform the written order of probation to the oral pronouncement by deleting from the written order all references to violations for failure to pay any costs other than the cost of supervision. See Avery v. State, 543 So. 2d 296 (Fla. 4th DCA), rev. dismissed, 553 So. 2d 1164 (Fla.1989).
We have reviewed the other issues raised by appellant and find no error. Accordingly, this case is affirmed in part, reversed in part and remanded.
GLICKSTEIN and SHAHOOD, JJ., concur.
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Lutz v. State, 664 So. 2d 1060 (Fla. 4th DCA 1995)…s subsection as any basis for its decision to impose adult sanctions. Ch. 94-209, § 51, at 834-35, Laws of Fla. This amendment legislatively overruled Troutman ⅛ strict compliance requirement of contemporaneous written findings. See Sales v. State, 652 So. 2d 513, 514 n. 1 (Fla. 4th DCA 1995). In Shaw v. State, 645 So. 2d 68, 69 (Fla. 4th DCA 1994), this court reversed the appellant’s adult sentence entered before the effective date, and remanded for the trial court to make specific written findings. There,…
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Graham v. State, 748 So. 2d 1071 (Fla. 4th DCA 1999)…othesis of innocence: that he removed the gun before the burglary and then picked it up when he returned to the scene to investigate. However, because there was competent substantial evidence to support a conviction for burglary, see Sales v. State, 652 So. 2d 513, 514 (Fla. 4th DCA 1995), we remand the case for resentenc-ing for simple burglary. REVERSED and REMANDED for re-sentencing. KLEIN and STEVENSON, JJ., concur.…
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O'Neal v. State, 667 So. 2d 413 (Fla. 4th DCA 1996)…s remaining claims, the state concedes that various clerical errors appear in the written sentence. We also direct that, on remand, the trial court correct the written sentences in both cases to conform to its oral pronouncement. See Major v. State, 652 So. 2d 513 (Fla. 4th DCA 1995). Specifically, in case number 91-2518, the court should correct the written sentence to reflect that O’Neal received a youthful offender sentence, to show that his community control was revoked for count IV, and to show that O’Ne…
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- State v. Roundtree, 644 So. 2d 1358 (Fla. 1994)
- Avery v. State, 543 So. 2d 296 (Fla. 5th DCA 1989)