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Smith v. State

District Court of Appeal of Florida, First District
Mar 29, 1990
558 So. 2d 534 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1406.

March 29, 1990.

Appeal from the Circuit Court for Bay County; N. Russell Bower, Judge.

Michael E. Allen, Public Defender, and Nancy L. Showalter, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee.


The inclusion of special conditions of probation in a written order that were not orally pronounced at the sentencing hearing mandates reversal and remand for correction of the written order to conform to the oral pronouncement. Rowland v. State, 548 So.2d 812 (Fla. 1st DCA 1989); Williams v. State, 542 So.2d 479 (Fla. 1989).

The imposition of costs without affording the defendant proper notice and opportunity to object also mandates reversal of the costs assessment without prejudice to the State's right to seek reassessment upon proper notice and an opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla. 1984).

REVERSED and REMANDED for further proceedings consistent with this opinion.

SHIVERS, C.J., and WIGGINTON, J., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, First District
Mar 29, 1990
558 So. 2d 534 (Fla. Dist. Ct. App. 1990)
Case details for

Smith v. State

Case Details

Full title:JERRY SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 29, 1990

Citations

558 So. 2d 534 (Fla. Dist. Ct. App. 1990)

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