KHRYSTOPHER WAYNE TOLLEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2010-04-09
No. 5D10-515
PALMER, ORFINGER and EVANDER, JJ., concur.
32 So. 3d 725 Florida District Court of Appeal, Fifth District (2010) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for belated appeal is granted. A copy of this opinion shall be field with the trial court and be treated as the notice of appeal from the judgment and sentence in case number 2008-1204-CF-52, in and for Putnam County, Florida. See Fla. RApp. P. 9.141(c)(5)(D).

PETITION GRANTED.

PALMER, ORFINGER and EVANDER, JJ., concur.


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  • M.L.J. v. State, 93 So. 3d 348 (Fla. 2d DCA 2012)
    …sel on the face of the record. M.L.J. argues, and the State concedes, that we must reverse and remand M.L.J.’s case for entry of a separate dispo [*350] sition order for the disorderly conduct offense. See Fla. R. Juv. P. 8.115(d); W.S.G. v. State, 32 So. 3d 725, 726 (Fla. 2d DCA 2010) (holding that entering one order of commitment in two separate cases constituted error and reiterating that each case requires a separate disposition order); G.V. v. State, 863 So. 2d 1271, 1272 (Fla. 2d DCA 2004) (reversing…
  • C.M. v. State, 170 So. 3d 855 (Fla. 2d DCA 2015)
    …of probation order or in postconviction proceedings, the record should be clear that he was originally placed on six months’ probation. On remand, the trial court shall amend the order to reflect the orally pronounced placement. See W.S.G. v. State, 32 So. 3d 725, 726 (Fla. 2d DCA 2010) (“If a discrepancy exists between the written [disposition] and the oral pronouncement, the written [disposition] must be corrected to conform to the oral pronouncement.” (quoting Guerra v. State, 927 So. 2d 248, 249 (Fla. 2d…
  • J.S. v. State, 205 So. 3d 802 (Fla. 2d DCA 2016)
    …55, 856 (Fla. 2d DCA 2015) (“If a discrepancy exists between the written [disposition] and the oral pronouncement, the written [disposition] must be corrected to conform to the oral pronouncement.” (alterations in original) (quoting W.S.G. v. State, 32 So. 3d 725, 726 (Fla. 2d DCA 2010))). The court orally sentenced J.S. to a probationary period of either three years or until J.S.’s nineteenth birthday, whichever comes first. However, the written order of probation does not make clear that the probationary…

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