DONALD W. AVITT
v.
STATE OF FLORIDA

Fla. 1st DCA | 2022-08-17
No. 21-2224
315 So. 3d 776 Florida District Court of Appeal, First District (2022) Positive Treatment
Cited by 3 cases

Opinion of the Court
Ray

PER CURIAM.

DISMISSED. Clark v. State, 315 So. 3d 776, 781 (Fla. 1st DCA 2021), review granted, SC21-824, 2021 WL 6014963 (Fla. Dec. 21, 2021). LEWIS, B.L. THOMAS, and RAY, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Jessica J. Yeary, Public Defender, Richard M. Bracey III, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Benjamin Louis Hoffman, Assistant Attorney General, Tallahassee, for Appellee.


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Citator

Cited By

  • Darnel Duran Manuel v. State (Fla. 1st DCA 2022)
  • Fraser v. State (Fla. 1st DCA 2026)
    …onouncement of the sentence controls over the written order. Jackson v. State, 983 So. 2d 562, 572 (Fla. 2008) (recognizing a written order which deviates from the oral pronouncement as a “sentencing error” subject to Rule 3.800(b)); Clark v. State, 315 So. 3d 776, 781 (Fla. 1st DCA 2021). Where a written probation order imposes a special condition not included in the trial court's oral pronouncement at sentencing, that condition must be stricken. Clark, 315 So. 3d at 781. See also § 948.039, Fla. Stat. (“The…
  • Baldie v. State (Fla. 4th DCA 2025)

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