Opinion
Case No. 2D02-907.
Opinion filed January 23, 2004.
Appeal from the Circuit Court for Pinellas County; Mark I. Shames, Judge.
James Marion Moorman, Public Defender, Bartow, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.
Rudolph Reisberg, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee; and Robert J. Krauss, Chief Assistant Attorney General, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
In this appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967), Rudolph Reisberg challenges his conviction and sentence for one count of cruelty to animals. We find merit in only one of Reisberg's counsel's issues; we otherwise affirm.
The State concedes that the trial court's written probation order did not conform to its oral pronouncement at sentencing in that it required Reisberg to pay for his mental health evaluation as a special condition of probation. Accordingly, that requirement must be stricken from the written probation order. See Nisbett v. State, 660 So.2d 813 (Fla. 2d DCA 1995). We therefore affirm but remand with directions to the trial court to strike that portion of the written probation order that requires Reisberg to pay for his mental health evaluation.
Affirmed and remanded with directions.
SILBERMAN, J., and THREADGILL, EDWARD F., SENIOR JUDGE, Concur.