Burkey v. State

District Court of Appeal of Florida

Burkey v. State

582 So. 2d 1252, 1991 Fla. App. LEXIS 7995, 16 Fla. L. Weekly Fed. D 2026

CourtDistrict Court of Appeal of Florida

DecidedJuly 31, 1991

DocketNo. 89-02786

StatusPublished

This text of 582 So. 2d 1252 (Burkey v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burkey v. State, 582 So. 2d 1252, 1991 Fla. App. LEXIS 7995, 16 Fla. L. Weekly Fed. D 2026 (Fla. Ct. App. 1991).

Pincite

Opinion

SCHEB, Acting Chief Judge.

The defendant, Lawrence E. Burkey, raises one meritorious point. He contends the trial court failed to conform its written order to its oral pronouncement.

The defendant was convicted of two aggravated batteries, violations of section 784.045, Florida Statutes (1989). Although the court orally stated it would not adjudicate him guilty on either count, it did so in the subsequent written orders of probation and community control. Therefore, we remand for the court to make these corrections on the written orders. Williams v. State, 542 So.2d 479 (Fla. 2d DCA 1989); Esposito v. State, 424 So.2d 160 (Fla. 2d DCA 1982).

[1253]*1253Otherwise, we affirm the defendant’s sentence of six months’ community control and four and one-half years’ probation.

FRANK and THREADGILL, JJ., concur.

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