McBride v. State, 92-1435
| Decision Date | 21 April 1993 |
| Docket Number | No. 92-1435,92-1435 |
| Citation | 617 So.2d 405 |
| Parties | 18 Fla. L. Week. D1029 Charles McBRIDE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm appellant's conviction and sentence except for the order of restitution to the victim which we reverse. The defendant was found not guilty of the theft of the VCR for which restitution was ordered. Therefore, restitution for its loss is improper. See Simmons v. State, 484 So.2d 104 (Fla. 4th DCA 1986). Furthermore, the trial court's oral sentence did not include a requirement of restitution although the written sentence did. However, the written order must conform to the oral pronouncement. Tannihill v. State, 559 So.2d 608 (Fla. 4th DCA 1990).
Affirmed in part, reversed in part and remanded for entry of order vacating order of restitution.
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McCollum v. State, 93-2837
...incurred with respect thereto was improperly ordered. See In the Interest of F.P., 615 So.2d 214 (Fla. 1st DCA 1993); McBride v. State, 617 So.2d 405 (Fla. 4th DCA 1993); S.T.N. v. State, 474 So.2d 884 (Fla. 4th DCA 1985). The state concedes error on this point. Accordingly, we reverse this......
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...counsel, that the restitution order of $260 should be stricken because it was not orally pronounced at sentencing. See McBride v. State, 617 So.2d 405 (Fla. 4th DCA 1993). Accordingly, we grant the motion to withdraw of the office of public defender pursuant to Anders, affirm the sentence, ......
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