BURKEY v. STATE

No. 89-02786.

582 So.2d 1252 (1991)

Lawrence BURKEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 31, 1991.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Avi J. Litwin, Asst. Atty. Gen., Miami, for appellee.


SCHEB, Acting Chief Judge.

The defendant, Lawrence E. Burkey, raises one meritorious point. He contends the trial court failed to conform its written order to its oral pronouncement.

The defendant was convicted of two aggravated batteries, violations of section 784.045, Florida Statutes (1989). Although the court orally stated it would not adjudicate him guilty on either count, it did so in the subsequent written orders of probation and community control....

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