Ayers v. State, 94-00361

Decision Date03 March 1995
Docket NumberNo. 94-00361,94-00361
Citation651 So.2d 1226
Parties20 Fla. L. Weekly D563 Christopher AYERS, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

James Marion Moorman, Public Defender, Bartow, and Julia Diaz, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellee.

THREADGILL, Judge.

The appellant, a juvenile, challenges his sentences as an adult for burglary and possession of burglary tools on the ground that the trial court failed to make sufficient findings under section 39.059(7), Florida Statutes (1993) to support the imposition of adult sanctions. We affirm the sentences imposed. We remand, however, for the written sentencing order to be conformed to the trial court's oral pronouncement at the sentencing hearing. The trial court orally sentenced the appellant to three years' incarceration followed by two years' community control. The written sentencing order omits community control. We therefore remand for the written sentencing order to be conformed to the oral pronouncement. See Butler v. State, 450 So.2d 1283 (Fla. 2d DCA 1984). The appellant need not be present.

Affirmed; remanded.

CAMPBELL, A.C.J., and QUINCE, J., concur.

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5 cases
  • Evans v. State, 95-03052
    • United States
    • Florida District Court of Appeals
    • August 14, 1996
    ...remand for the written orders of community control and probation to be conformed to the oral pronouncement. See Ayers v. State, 651 So.2d 1226 (Fla. 2d DCA 1995). We affirm the conviction and sentence. We affirm the order of community control except for condition (21). We affirm the order o......
  • Pardes v. State, 95-02941
    • United States
    • Florida District Court of Appeals
    • March 19, 1997
    ...because it does not comport with the trial court's pronouncement at sentencing that waived costs of supervision. See Ayers v. State, 651 So.2d 1226, 1227 (Fla. 2d DCA 1995). At the top of Mr. Pardes's probation order is an unusual computer-printed memorandum that appears to be a summary of ......
  • Madden v. State, 2D02-2004.
    • United States
    • Florida District Court of Appeals
    • August 27, 2003
    ...court to enter a written sentence that conforms to the orally pronounced sentence of thirty-six months in prison, see Ayers v. State, 651 So.2d 1226 (Fla. 2d DCA 1995), and to enter a written order setting forth the conditions that Mr. Madden admitted to violating, see Donley v. State, 557 ......
  • Gonzalez v. State, 95-01757
    • United States
    • Florida District Court of Appeals
    • October 4, 1996
    ...the order of restitution. The restitution order must be corrected to conform to the trial court's oral pronouncement. Ayers v. State, 651 So.2d 1226 (Fla. 2d DCA 1995). The order must be corrected to reflect that Gonzalez is to pay eight percent interest per year on the $20,000 restitution ......
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