EARL C. OGDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from a proceeding in which the appellant sought enforcement of an order granting postconviction relief under Florida Rule of Criminal Procedure 3.850. In the rule 3.850 order the court cited Lowell v. State, 652 So. 2d 975 (Fla. 1st DCA 1995), and Jennings v. State, 645 So. 2d 592 (Fla. 2d DCA 1994), and indicated that a probationary condition “concerning intoxicants” was stricken. However, a subsequently entered amended order of probation contained the same conditions regarding intoxicants. Because we are unsure as to the extent of relief which the court intended in the rule 3.850 order, and in light of the further uncertainty ensuing from the subsequent amended order of probation, the challenged order on the motion to enforce is reversed as to this matter. The order is otherwise affirmed, and the case is remanded for clarification or other appropriate action as to the conditions concerning intoxicants.
MINER, ALLEN and WEBSTER, JJ., concur.
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Citator
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Thomas v. State, 875 So. 2d 804 (Fla. 1st DCA 2004)…pply to capital first-degree murder convictions). On remand, the trial court may consider whether a departure sentence is appropriate for the aggravated child abuse offense and provide written reasons to support such a sentence. See Sailor v. State, 701 So. 2d 673, 673 (Fla. 1st DCA 1997) (holding that the trial court, upon remand, could consider whether a departure sentence was appropriate because it did not appear that the trial court realized that its imposed sentence constituted a departure sentence); see…
Authorities Cited
- Jennings v. State, 645 So. 2d 592 (Fla. 2d DCA 1994)
- Horne v. Singletary, 652 So. 2d 975 (Fla. 1st DCA 1995)