JOHN FERRELL MANUCY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a scrivener's error in a written probation order regarding community service should be corrected to reflect the trial court's oral pronouncement that no community service was intended.
The trial court orally stated that the defendant was not required to perform community service, but the written probation order included 100 hours of …
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DAUKSCH, Judge.
In this appeal, conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm the convictions and sentences. However, we also correct a scrivener’s error regarding community service as a special condition of probation.
During the sentencing hearing, the trial court stated: “I don’t know how I got this community service. I don’t intend you to do any of that.” Despite the court’s statements, the orders of probation appearing in the record include 100 hours community service as a special condition.
When a discrepancy exists between the trial court’s oral disposition and the written order with regard to special conditions of probation or community control, this court customarily remands the case to address the discrepancy. See Cleveland v. State, 617 So. 2d 1166 (Fla. 5th DCA 1993). In Cleveland, the trial court’s intent was unclear because the written judgment included certain special conditions of community control that had gone unaddressed altogether at the sentencing hearing. However, as indicated, in the instant case the trial court has already indicated that community service not be included as a special condition of appellant’s probation. Cleveland is thus distinguishable. Accordingly, we strike the special conditions of community service as a scrivener’s error. AFFIRMED AS MODIFIED.
HARRIS and THOMPSON, JJ., concur.
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Citator
Cited By
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Nieves v. State, 678 So. 2d 468 (Fla. 5th DCA 1996)…ere were numerous errors made in the order of probation. Condition 2 requires appellant to pay $50.00 per month toward the cost of supervision, but as the state concedes, the trial court orally waived such costs and therefore, as in Manucy v. State, 670 So. 2d 1134 (Fla. 5th DCA 1996), the condition must be stricken. Appellant contends that condition 13 must be stricken because it was not orally pronounced, but we agree with the state that assessment of the statutorily mandated $2.00 per month surcharge to th…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Marlette Evette Cleveland v. State, 617 So. 2d 1166 (Fla. 5th DCA 1993)