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Mitchell v. State

District Court of Appeal of Florida, Second District
Dec 20, 1991
590 So. 2d 549 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-00680.

December 20, 1991.

Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.

James Marion Moorman, Public Defender, and Timothy A. Hickey, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.


Appellant challenges special conditions nine through sixteen, eighteen and nineteen of the probationary portion of the sentence he received when he pled guilty to violations of his original probation. The written order of probation imposed the same terms and conditions of his original probationary term, which was revoked in this case. Only one of the special conditions, however, was orally pronounced at the sentencing hearing on the probation revocation. We therefore strike the special conditions referenced above, because the court did not pronounce them at sentencing. See Williams v. State, 542 So.2d 479 (Fla. 2d DCA 1989). The sentence is affirmed in all other respects.

SCHOONOVER, C.J., and SCHEB and ALTENBERND, JJ., concur.


Summaries of

Mitchell v. State

District Court of Appeal of Florida, Second District
Dec 20, 1991
590 So. 2d 549 (Fla. Dist. Ct. App. 1991)
Case details for

Mitchell v. State

Case Details

Full title:LARRY MITCHELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 20, 1991

Citations

590 So. 2d 549 (Fla. Dist. Ct. App. 1991)

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