Millard v. State

Full title: EDGAR MILLARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 16, 1995

656 So. 2d 258 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2595.

June 16, 1995.

Appeal from the Circuit Court, Volusia County, John W. Watson, III, J.

James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kristen L. Davenport, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

We affirm the judgment and sentence with the exception of the ordered payment to First Step of Volusia County, Inc. On remand, the trial court should also resolve the discrepancy between the oral and written employment condition contained within the order of probation. Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994); Anderson v. State, 616 So.2d 200 (Fla. 5th DCA 1993).

AFFIRMED IN PART, REVERSED IN PART.

DAUKSCH and W. SHARP, JJ., concur.