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Chicone v. State

District Court of Appeal of Florida, Fifth District
Nov 1, 1994
644 So. 2d 532 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2926.

September 23, 1994. Rehearing and Rehearing En Banc Denied November 1, 1994.

Appeal from the Circuit Court for Orange County; James C. Hauser, Judge.

James M. Russ of Law Offices of James M. Russ, P.A., Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


The written order withholding adjudication of guilt and placing the defendant on probation dated November 12, 1993, and made nunc pro tunc to October 6, 1993, is vacated and the cause remanded for reconciliation of the oral and written sentences. See Cleveland v. State, 617 So.2d 1166 (Fla. 5th DCA 1993) and Willis v. State, 640 So.2d 1188 (Fla. 5th DCA 1994) (vacating sentences and remanding for resentencing and resolution of discrepancies where trial courts imposed special conditions of probation in written sentences which were not orally pronounced at sentencing).

SENTENCE VACATED; CAUSE REMANDED FOR RESENTENCING.

DAUKSCH and THOMPSON, JJ., concur.


Summaries of

Chicone v. State

District Court of Appeal of Florida, Fifth District
Nov 1, 1994
644 So. 2d 532 (Fla. Dist. Ct. App. 1994)
Case details for

Chicone v. State

Case Details

Full title:JERRY JAY CHICONE, III, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 1, 1994

Citations

644 So. 2d 532 (Fla. Dist. Ct. App. 1994)

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