Opinion
Case No. 96-2774
Opinion filed July 2, 1997
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Larry Schack , Judge; L.T. Case No. 96-71-CF.
Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for appellee.
We affirm appellant's conviction and sentence for burglary of a dwelling with a battery except for the order of probation. Appellee concedes, and we agree, that the written order of probation must conform to the trial court's oral pronouncement.See McBride v. State, 617 So.2d 405 (Fla. 4th DCA 1993).
At trial, the trial court agreed to enter a civil final judgment in the amount of $400 for public defender's fees rather than as a condition of probation. The written order of probation, however, includes such assessment as a condition of probation to be paid within the first year of supervision.
Accordingly, we remand only for the limited purpose of allowing the trial court to correct the written order of probation to reflect its earlier oral pronouncement. Since this remand is for the purpose correcting a clerical or scrivener's error, appellant's presence is not required.
AFFIRMED IN PART; REMANDED WITH DIRECTIONS.
WARNER, SHAHOOD and GROSS, JJ., concur.