From Casetext: Smarter Legal Research

Labar v. State

District Court of Appeal of Florida, Second District
Aug 28, 1991
584 So. 2d 37 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-02348.

July 3, 1991. Rehearing Denied August 28, 1991.

Appeal from the Circuit Court, Hillsborough County, Harry Lee Coe, III, J.

James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michele Taylor, Asst. Atty. Gen., Tampa, for appellee.


We affirm defendant's convictions for battery on a law enforcement officer and obstructing or opposing an officer without violence.

Defendant's contention concerning the sufficiency of the evidence was not preserved for appeal. See Gomez v. State, 309 So.2d 56 (Fla. 2d DCA 1975). Defendant's contention that the trial court erred in announcing defendant's guilt before defense counsel made a closing argument and announced that the defense had rested was waived. See M.S. v. State, 584 So.2d 36 (Fla. 2d DCA 1991).

However, we strike the special conditions of probation because they did not conform to the oral pronouncement at the sentencing hearing. See Seawright v. State, 572 So.2d 990 (Fla. 2d DCA 1990); Williams v. State, 542 So.2d 479 (Fla. 2d DCA 1989).

Affirmed except remanded for conformance of the sentence to the oral pronouncement.

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


Summaries of

Labar v. State

District Court of Appeal of Florida, Second District
Aug 28, 1991
584 So. 2d 37 (Fla. Dist. Ct. App. 1991)
Case details for

Labar v. State

Case Details

Full title:BARBARA ESTELL LABAR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 28, 1991

Citations

584 So. 2d 37 (Fla. Dist. Ct. App. 1991)

Citing Cases

Reyes v. State

We strike special conditions of probation numbers 4 and 10, and that portion of condition 6 that prohibits…

Ochoa v. State

Because it was not orally pronounced, we remand for the trial judge to strike special condition (6) of the…