CHARLES B. CHARLTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES B. CHARLTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
662 So. 2d 771
Florida District Court of Appeal, Fourth District (1995)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s imposition without pronouncement of the probation condition that prohibited appellant from visiting “places where controlled substances are unlawfully sold, dispensed or used.” See Zeigler v. State, 647 So. 2d 272 (Fla. 4th DCA 1994). However, lack of oral pronouncement requires us to reverse that part of condition k.3 which ordered appellant not to possess, carry or own any weapons without the consent of his probation officer. See Vasquez v. State, 663 So. 2d 1343 (Fla. 4th DCA 1995). We remand to the trial court with instructions to correct the probation order consistent herewith.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
DELL, KLEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jett v. State, 722 So. 2d 211 (Fla. 1st DCA 1998)…n v. State, 570 So. 2d 1140 (Fla. 4th DCA 1990); Rowland v. State, 548 So. 2d 812 (Fla. 1st DCA 1989). See also Drumwright v. State, 572 So. 2d 1029, 1031 (Fla. 5th DCA 1991); Flowers v. State, 351 So. 2d 387 (Fla. 1st DCA 1977). Marcinek v. State, 662 So. 2d 771, 772 (Fla. 4th DCA 1995). “Florida Rule of Criminal Procedure 3.700 ... defines ‘sentence’ as a ‘pronouncement by the court of the penalty imposed on a defendant for the offense of which the defendant has been adjudged guilty.’ ” Scantling v. State,…
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K.E.H. v. State, 802 So. 2d 395 (Fla. 4th DCA 2001)…a matter of law. See Blanton v. State, 388 So. 2d 1271, 1273 (Fla. 4th DCA 1980). We reverse the order reinstating appellant’s probation, since the trial court had unequivocally terminated it three weeks before the assault. See Marcinek v. State, 662 So. 2d 771, 772 (Fla. 4th DCA 1995). There was' no extrinsic fraud sufficient to set aside the final order of termination. See Driscoll v. State, 538 So. 2d 1283, 1285-86 (Fla. 1st DCA 1989). GUNTHER, WARNER and GROSS, JJ., concur.…
Authorities Cited
- Vasquez v. State, 663 So. 2d 1343 (Fla. 4th DCA 1995)
- Zeigler v. State, 647 So. 2d 272 (Fla. 4th DCA 1994)