Florida District Courts of Appeal, 2016

Capehart v. State

Capehart v. State
Florida District Courts of Appeal · Decided November 2, 2016 · Jay, Lewis, Wetherell
202 So. 3d 958; 2016 Fla. App. LEXIS 16233 (Southern Reporter, Third Series)

Capehart v. State

Opinion of the Court

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied except as it relates to the trial court’s oral pronouncement prohibiting early termination of probation, which is hereby stricken. See Arriaga v. State, 666 So.2d 949 (Fla. 4th DCA 1996). Since this pronouncement was not reduced to writing, there is no need to remand for correction of the judgment and sentence or the order of probation.

LEWIS, WETHERELL, and JAY, JJ., concur.

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