Gay v. State
Gay v. State
Opinion
In this Anders 1 appeal, Tommie Lee Gay appeals his judgment and sentence for battery. We affirm the judgment" arid sentence imposed without comment. However, because the written order of probation differed from the trial court’s - oral pronouncement" of sentence, we reverse and remand for entry of a corrected written order of probation.
Gay was found guilty of battery (domestic violence, second or subsequent offense) following a jury trial. At sentencing, the trial court orally sentenced Gay to twenty-four months’ probation and , ordered him to complete fifty hours of community service at a minimum rate of four hours per month. The written order of probation mirrored the sentence pronounced in open-court, except that the written order required the community service hours to be completed at a minimum rate of five hours per .month. .
A trial court’s written sentence must conform to its oral pronouncement; when the two differ, that constitutes reversible error. See Rivera v. State, 34 So.3d 207, 208 (Fla. 2d DCA 2010). In this case, the written order of probation differs from the trial court’s oral pronouncement of sentence as to the rate at- which Gay must complete his community service hours. Accordingly, we reverse and remand for the trial court to amend the written order of probation to conform to the trial court’s oral pronouncement of this condition. In all other aspects, we affirm.
Affirmed in part, reversed in part, and remanded.
. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.