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
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 shows..
More
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