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NyJuan Bernard Waller v. State of Florida, 18-4584 (2019)

Court: District Court of Appeal of Florida Number: 18-4584 Visitors: 2
Filed: Oct. 30, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-4584 _ NYJUAN BERNARD WALLER, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Alachua County. Mark W. Moseley, Judge. October 30, 2019 PER CURIAM. In this appeal pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm Waller’s judgment and sentence but remand for the trial court to correct a scrivener’s error in the written order of probation. While the transcript from the sentencing hearing show
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                          No. 1D18-4584
                  _____________________________

NYJUAN BERNARD WALLER,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                  _____________________________


On appeal from the Circuit Court for Alachua County.
Mark W. Moseley, Judge.

                          October 30, 2019


PER CURIAM.

     In this appeal pursuant to Anders v. California, 
386 U.S. 738
(1967), we affirm Waller’s judgment and sentence but remand for
the trial court to correct a scrivener’s error in the written order of
probation. While the transcript from the sentencing hearing shows
that the trial court orally prohibited Waller from having any
contact with the victim, the written order of probation does not
include this special condition. The written order of probation
should be corrected to prohibit Waller from having any contact
with the victim. See Spatcher v. State, 
228 So. 3d 1162
, 1163 (Fla.
1st DCA 2017) (reaffirming that a court’s oral pronouncement
controls over any written sentencing documents).

    AFFIRMED and REMANDED.
RAY, C.J., and KELSEY and WINOKUR, JJ., concur.

                _____________________________

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


Andy Thomas, Public Defender, and Megan Long, Assistant Public
Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.




                               2

Source:  CourtListener

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