From Casetext: Smarter Legal Research

Ayers v. State

District Court of Appeal of Florida, Second District
Mar 3, 1995
651 So. 2d 1226 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-00361.

March 3, 1995.

Appeal from the Circuit Court for Polk County, Daniel True Andrews, J.

James Marion Moorman, Public Defender, Bartow, and Julia Diaz, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellee.


The appellant, a juvenile, challenges his sentences as an adult for burglary and possession of burglary tools on the ground that the trial court failed to make sufficient findings under section 39.059(7), Florida Statutes (1993) to support the imposition of adult sanctions. We affirm the sentences imposed. We remand, however, for the written sentencing order to be conformed to the trial court's oral pronouncement at the sentencing hearing. The trial court orally sentenced the appellant to three years' incarceration followed by two years' community control. The written sentencing order omits community control. We therefore remand for the written sentencing order to be conformed to the oral pronouncement. See Butler v. State, 450 So.2d 1283 (Fla. 2d DCA 1984). The appellant need not be present.

Affirmed; remanded.

CAMPBELL, A.C.J., and QUINCE, J., concur.


Summaries of

Ayers v. State

District Court of Appeal of Florida, Second District
Mar 3, 1995
651 So. 2d 1226 (Fla. Dist. Ct. App. 1995)
Case details for

Ayers v. State

Case Details

Full title:CHRISTOPHER AYERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 3, 1995

Citations

651 So. 2d 1226 (Fla. Dist. Ct. App. 1995)

Citing Cases

D.W.P. v. State

D.W.P. argues, and the state correctly concedes, that the order of disposition should conform to the sentence…

Pardes v. State

We strike condition two because it does not comport with the trial court's pronouncement at sentencing that…