WALLER v. STATE (2019)

District Court of Appeal of Florida, First District.

NyJuan Bernard WALLER, Appellant, v. STATE of Florida, Appellee.

No. 1D18-4584

Decided: October 30, 2019

Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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.

Per Curiam.

Ray, C.J., and Kelsey and Winokur, JJ., concur.

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