WOODIE AVERETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1994-08-01
No. 93-1135
ERVIN, WOLF and KAHN, JJ., concur.
640 So. 2d 1194 Florida District Court of Appeal, First District (1994) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse and remand the trial court’s order denying appellant conditional release from Florida State Hospital, only for the limited purpose of permitting the trial court to correct the written order to conform to its oral pronouncement that appellant is mentally ill, because the written order omits this essential finding. See Sumter v. State, 570 So. 2d 1039, 1041 (Fla. 1st DCA 1990), review dismissed, 583 So. 2d 1037 (Fla.1991). The order is otherwise affirmed.

AFFIRMED in part and REVERSED and REMANDED in part.

ERVIN, WOLF and KAHN, JJ., concur.


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  • Frazier v. State, 645 So. 2d 572 (Fla. 5th DCA 1994)
    …CURIAM. We vacate the habitual offender sentence imposed in this case and remand this cause for resentencing. See Santoro v. State, 644 So. 2d 585 (Fla. 5th DCA 1994); Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994). See also Cole v. State, 640 So. 2d 1194 (Fla. 1st DCA 1994). We also vacate the Public Defender’s lien imposed in this case because the trial court failed to comply with rule 3.720(d)(1) of the Florida Rules of Criminal Procedure. See Craig v. State, 643 So. 2d 50 (Fla. 5th DCA 1994). In…
  • Maxwell v. State, 645 So. 2d 572 (Fla. 5th DCA 1994)
    …. We vacate the habitual offender sentence imposed in this case and remand this cause for resentencing. See Santoro v. State, 644 So. 2d 585 (Fla. 5th DCA 1994); Thompson v. [*573] State, 638 So. 2d 116 (Fla. 5th DCA 1994). See also Cole v. State, 640 So. 2d 1194 (Fla. 1st DCA 1994). Sentence VACATED; cause REMANDED. PETERSON and DIAMANTIS, JJ., concur. GRIFFIN, J., dissents without opinion.…
  • Coleman v. State, 644 So. 2d 355 (Fla. 5th DCA 1994)
    …CURIAM. We vacate the habitual offender sentences imposed in this case and remand this cause for resentencing. See Santoro v. State, 644 So. 2d 585 (Fla. 5th DCA 1994); Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994). See also Cole v. State, 640 So. 2d 1194 (Fla. 1st DCA 1994). Sentences VACATED; cause REMANDED. PETERSON, DIAMANTIS and THOMPSON, JJ., concur.…

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