Seawright v. State

District Court of Appeal of Florida

Seawright v. State

572 So. 2d 990, 1990 Fla. App. LEXIS 9611, 1990 WL 211468

District Court of Appeal of Florida·Decided December 21, 1990·No. No. 89-02960·Published·Cited by 2 cases

Opinion

THREADGILL, Judge.

The written order of probation in this case includes a special condition that Appellant submit to random drug tests. This condition was not orally announced by the judge at the sentencing hearing. We therefore reverse the written order of probation and remand for correction so that the written order conforms to the oral pronouncement. Williams v. State, 542 So.2d 479 (Fla. 2d DCA 1989).

We also strike court costs and attorney’s fees without prejudice to the state to seek reimposition after proper notice and opportunity is afforded Appellant to be heard.

Appellant’s sentence is otherwise affirmed.

RYDER, A.C.J., and DANAHY, J., concur.

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THREADGILL, Judge.

The written order of probation in this case includes a special condition that Appellant submit to random drug tests. This condition was not orally announced by the judge at the sentencing hearing. We therefore reverse the written order of probation and remand for correction so that the written order conforms to the oral pronouncement. Williams v. State, 542 So.2d 479 (Fla. 2d DCA 1989).

We also strike court costs and attorney’s fees without prejudice to the state to seek reimposition after proper notice and opportunity is afforded Appellant to be heard.

Appellant’s sentence is otherwise affirmed.

RYDER, A.C.J., and DANAHY, J., concur.

Seawright v. State, 572 So. 2d 990, 1990 Fla. App. LEXIS 9611, 1990 WL 211468 (Fla. Ct. App. 1990).

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Opinion

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