ALVIN T. GOULD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant’s convictions for delivery of cocaine, possession of cocaine and use of a minor in the sale or delivery of cocaine are affirmed. We find the evidence was sufficient to submit the case to the jury. As to the improprieties in the prosecutor’s closing argument, although aspects of the closing were marginal and objections were made, the lower court’s failure to sustain the objections made does not amount to reversible error. The state properly concedes an error was made in the written sentence imposing probation. Accordingly, we vacate the sentence and remand for correction of the written sentence to conform to the oral pronouncement.
Sentence VACATED and REMANDED.
W. SHARP, GRIFFIN and THOMPSON, JJ., concur.
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Elbert Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004)…In addition, our court has consistently ruled that an order revoking probation must state in writing the probationary conditions which the trial court found to have been violated. Barta v. State, 678 So. 2d 923 (Fla. 5th DCA 1996); Forget v. State, 675 So. 2d 259 (Fla. 5th DCA 1996). Accordingly, the trial court’s sentencing order is vacated and this matter is remanded for entry of a proper adjudication order. Sentencing order VACATED and case REMANDED for entry of a proper adjudication order. PLEUS and…
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Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004)…order revoking community control must state in writing the conditions which the trial court found to have been violated, see Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004); Barta v. State, 678 So. 2d 923 (Fla. 5th DCA 1996); Forget v. State, 675 So. 2d 259 (Fla. 5th DCA 1996), we recognize that the trial court made findings from the bench, supported by competent, substantial evidence, that would, if reduced to writing, have been adequate to sustain the trial court’s conclusion of a willful and substan…
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Mormon v. State, 976 So. 2d 1188 (Fla. 5th DCA 2008)…stently held that the trial judge must specify in the written order or judgment what conditions the defendant violated. Brinson v. State, 866 So. 2d 1268, 1269 (Fla. 5th DCA 2004); Barta v. State, 678 So. 2d 928 (Fla. 5th DCA 1996); Forget v. State, 675 So. 2d 259 (Fla. 5th DCA 1996). We, therefore, vacate the judgment under review and remand for entry of a proper judgment specifying which conditions Mormon was found to have violated. Order VACATED; case REMANDED. TORPY and EVANDER, JJ., concur.…
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