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Averett v. State

District Court of Appeal of Florida, First District
Aug 1, 1994
640 So. 2d 1194 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1135.

August 1, 1994.

An appeal from the Circuit Court for Leon County; N. Sanders Sauls, Judge.

Nancy A. Daniels, Public Defender, Nada M. Carey, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Thomas Falkinburg and Amelia L. Beisner, Asst. Attys. Gen., Tallahassee, for appellee.


We reverse and remand the trial court's order denying appellant conditional release from Florida State Hospital, only for the limited purpose of permitting the trial court to correct the written order to conform to its oral pronouncement that appellant is mentally ill, because the written order omits this essential finding. See Sumter v. State, 570 So.2d 1039, 1041 (Fla. 1st DCA 1990), review dismissed, 583 So.2d 1037 (Fla. 1991). The order is otherwise affirmed.

AFFIRMED in part and REVERSED and REMANDED in part.

ERVIN, WOLF and KAHN, JJ., concur.


Summaries of

Averett v. State

District Court of Appeal of Florida, First District
Aug 1, 1994
640 So. 2d 1194 (Fla. Dist. Ct. App. 1994)
Case details for

Averett v. State

Case Details

Full title:WOODIE AVERETT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 1, 1994

Citations

640 So. 2d 1194 (Fla. Dist. Ct. App. 1994)