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Florida District Courts of Appeal, 1994

Averett v. State

Averett v. State
Florida District Courts of Appeal · Decided August 1, 1994 · Ervin, Kahn, Wolf
640 So. 2d 1194; 1994 Fla. App. LEXIS 7595; 1994 WL 393431 (Southern Reporter, Second Series)

Averett v. State

Opinion of the Court

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 *1195to 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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