Corey Capehart v. State of Florida

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

COREY CAPEHART, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D16-884

STATE OF FLORIDA,

Respondent. ___________________________/

Opinion filed November 2, 2016.

Petition Alleging Ineffective Assistance of Appellate Counsel -- Original Jurisdiction.

Corey Capehart, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied

except as it relates to the trial court’s oral pronouncement prohibiting early

termination of probation, which is hereby stricken. See Arriaga v. State, 666 So. 2d

949 (Fla. 4th DCA 1996). Since this pronouncement was not reduced to writing,

there is no need to remand for correction of the judgment and sentence or the order

of probation. LEWIS, WETHERELL, and JAY, JJ., CONCUR.