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Williams v. State

Williams v. State, 542 So. 2d 479 (Fla. Dist. Ct. App. 1989)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
May 5, 1989
Docket
No. 87-03088
Judges
Per Curiam
Citations
542 So. 2d 4791989 WL 45359
Cited by 20

Opinion — Per Curiam

542 So.2d 479 (1989)

Tony WILLIAMS, Appellant,

v.

STATE of Florida, Appellee.

No. 87-03088.

District Court of Appeal of Florida, Second District.

May 5, 1989.

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant appeals the order resentencing him, pursuant to our mandate in Williams v. State, 510 So.2d 1207 (Fla. 2d DCA 1987), to seven years in prison for aggravated battery, a concurrent five years in prison for grand theft and a consecutive term of life probation for burglary. We find no merit in the issues raised by appellant except the one pertaining to the special conditions of probation contained in the written probation order.

Appellant argues, and the state concedes, that there were no oral pronouncements made by the trial judge at sentencing as to any special conditions of probation. Those special conditions of probation are only contained in the trial judge's written order. The written sentence and probation order thus do not conform to the judge's oral pronouncements as they are required to do. The inclusion in the written order of special conditions of probation that were not orally pronounced at the sentencing hearing requires us to reverse the written order of probation and remand for correction so that the written order of probation conforms to the oral pronouncement. Williams v. State, 525 So.2d 458 (Fla. 2d DCA 1988).

Appellant's sentences are otherwise affirmed.

CAMPBELL, C.J., and LEHAN and ALTENBERND, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 20 cases

View all citing references →
1989: 11990: 21991: 71992: 71993: 21994: 119892026peak 1991 · 7

Relies on it most ⓘ

  1. Olvey v. State609 So. 2d 640 (Fla. Dist. Ct. App. 1992)
  2. Rowland v. State548 So. 2d 812 (Fla. Dist. Ct. App. 1989)
  3. Vinyard v. State586 So. 2d 1301 (Fla. Dist. Ct. App. 1991)
  4. McCollun v. State586 So. 2d 490 (Fla. Dist. Ct. App. 1991)
  5. Sumter v. State570 So. 2d 1039 (Fla. Dist. Ct. App. 1990)
  6. Turchario v. State616 So. 2d 539 (Fla. Dist. Ct. App. 1993)

Most recent

  1. Nunez v. State633 So. 2d 1146 (Fla. Dist. Ct. App. 1994)
  2. Turchario v. State616 So. 2d 539 (Fla. Dist. Ct. App. 1993)
  3. Gentry v. State614 So. 2d 8 (Fla. Dist. Ct. App. 1993)
  4. Olvey v. State609 So. 2d 640 (Fla. Dist. Ct. App. 1992)
  5. Carter v. State606 So. 2d 680 (Fla. Dist. Ct. App. 1992)
  6. Williams v. State601 So. 2d 635 (Fla. Dist. Ct. App. 1992)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Williams v. State, 525 So. 2d 458 (Fla. Dist. Ct. App. 1988) 12
Williams v. State, 510 So. 2d 1207 (Fla. Dist. Ct. App. 1987) 1
Oden v. State, 542 So. 2d 479 (Fla. Dist. Ct. App. 1989) 1

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