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George v. State

District Court of Appeal of Florida, Second District
Sep 29, 1993
624 So. 2d 824 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-03385.

September 29, 1993.

Appeal from the Circuit Court, Hillsborough County, Susan Sexton, J.

James Marion Moorman, Public Defender, Bartow, and John S. Lynch, Asst. Public Defender, Bartow, for appellant.

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


Nathaniel George appeals his sentence and specifically challenges certain conditions of community control which the trial court failed to pronounce orally at the sentencing hearing. We agree with George and strike special conditions 6, 13, and 14.

A trial court must pronounce in open court special conditions of probation. Olvey v. State, 609 So.2d 640, 643 (Fla.2d DCA 1992) (en banc) (quoting Tillman v. State, 592 So.2d 767 (Fla.2d DCA 1992)). Conditions not pronounced orally must be struck. Arnold v. State, 596 So.2d 486 (Fla.2d DCA 1992). A review of this record reflects that George is correct when he asserts that the trial court did not pronounce in open court special conditions 6, 13, and 14 which the trial court listed in its written order of community control. We are compelled to strike these special conditions.

FRANK, C.J., and RYDER and PARKER, JJ., concur.


Summaries of

George v. State

District Court of Appeal of Florida, Second District
Sep 29, 1993
624 So. 2d 824 (Fla. Dist. Ct. App. 1993)
Case details for

George v. State

Case Details

Full title:NATHANIEL GEORGE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 29, 1993

Citations

624 So. 2d 824 (Fla. Dist. Ct. App. 1993)

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Cumbie [v. State], 597 So.2d 946 [(Fla. 1st DCA 1992)] Such "[c]onditions not pronounced orally must be…

Nank v. State

Cumbie, 597 So.2d 946. Such "[c]onditions not pronounced orally must be struck." George v. State, 624 So.2d…