EDITH BARGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDITH BARGER, APPELLANT,
STATE OF FLORIDA, APPELLEE
688 So. 2d 449
Florida District Court of Appeal, First District (1997)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction for aggravated assault with a deadly weapon, but remand to the circuit court for correction of the written sentencing order to conform with the oral pronouncement made by the court at the sentencing hearing. Williams v. State, 604 So. 2d 8 (Fla. 1st DCA 1992); Payne v. State, 594 So. 2d 870 (Fla. 1st DCA 1992).
WEBSTER, MICKLE and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Montgomery v. State, 704 So. 2d 548 (Fla. 1st DCA 1997)…cularly with regard to Count I and to imposition of the three-year minimum mandatory terms. We remand for correction of the written sentence to conform with the oral pronouncement rendered by the court at the sentencing hearing. See Barger v. State, 688 So. 2d 449 (Fla. 1st DCA 1997). We turn now to the state’s sole claim of error, to wit: the dismissal of Count VII, which was severed from the remaining counts. We agree that reversal is warranted in light of recent supreme court decisions invalidating the au…
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Smith v. State, 711 So. 2d 100 (Fla. 1st DCA 1998)…ere willful, we conclude that the trial court abused its discretion in revoking probation. Further, the written order on appeal does not conform with the trial court’s oral pronouncement relating to the alleged failure to pay costs. Barger v. State, 688 So. 2d 449 (Fla. 1st DCA 1997). Accordingly, we reverse the order of revocation of probation and remand to the trial court with directions to continue the previously imposed probation. REVERSED. JOANOS and VAN NORTWICK, JJ., concur. BOOTH, J., dissents with…
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K.E.H. v. State, 717 So. 2d 182 (Fla. 1st DCA 1998)…ore the conclusion of the adjudicatory hearing. Finally, the order incorrectly reflects a public defender fee, which was not orally imposed. The written order must be corrected to conform to the court’s oral pronouncement. See, e.g. Barger v. State, 688 So. 2d 449 (Fla. 1st DCA 1997). WOLF and LAWRENCE, JJ., concur.…
Authorities Cited
- Williams v. State, 604 So. 2d 8 (Fla. 1st DCA 1992)
- Payne v. State, 594 So. 2d 870 (Fla. 1st DCA 1992)