Opinion
No. 87-2321.
March 2, 1988.
Appeal from the Circuit Court for Lee County; Thomas S. Reese, Judge.
James Marion Moorman, Public Defender, and A. Anne Owens, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.
We find that the charge of violation of condition three of appellant's probation was withdrawn herein and remand for correction of the order revoking probation to delete reference to that violation. Because the order on costs is ambiguous, as admitted by appellee, we also remand for redetermination of costs. Additionally, because there was no opportunity to object to the restitution requirement, which was not mentioned at sentencing but imposed in the written judgment and sentence, the restitution imposition is set aside. Otherwise affirmed.
SCHEB, A.C.J., and HALL and THREADGILL, JJ., concur.