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Seawright v. State

District Court of Appeal of Florida, Second District
Dec 21, 1990
572 So. 2d 990 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-02960.

December 21, 1990.

Appeal from the Circuit Court, Polk County, Charles A. Davis, Jr., J.

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.


The written order of probation in this case includes a special condition that Appellant submit to random drug tests. This condition was not orally announced by the judge at the sentencing hearing. We therefore reverse the written order of probation and remand for correction so that the written order conforms to the oral pronouncement. Williams v. State, 542 So.2d 479 (Fla. 2d DCA 1989).

We also strike court costs and attorney's fees without prejudice to the state to seek reimposition after proper notice and opportunity is afforded Appellant to be heard.

Appellant's sentence is otherwise affirmed.

RYDER, A.C.J., and DANAHY, J., concur.


Summaries of

Seawright v. State

District Court of Appeal of Florida, Second District
Dec 21, 1990
572 So. 2d 990 (Fla. Dist. Ct. App. 1990)
Case details for

Seawright v. State

Case Details

Full title:CLARENCE SEAWRIGHT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 21, 1990

Citations

572 So. 2d 990 (Fla. Dist. Ct. App. 1990)

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