Legal Opinion

Nisbett v. State

District Court of Appeal of Florida

Decided September 22, 1995No. 94-02438PublishedCited by 2 opinions

1Opinion of the Court

WHATLEY, Judge.

Elston Ashton Nisbett appeals his convictions and sentences for robbery with a firearm, robbery, and aggravated assault with a firearm. We affirm his conviction without discussion; however, we remand for resen-tencing and strike certain conditions of Nis-bett’s probation.

First, at the sentencing hearing, the trial court orally pronounced that a probationary term is only imposed on the robbery convictions. However, the written sentencing order reflects that probation is imposed on all of Nisbett’s convictions. A written sentencing order must comport with a trial court’s oral…

2Cases cited2 opinions

  1. Nank v. StateDistrict Court of Appeal of Florida · 1994
  2. Stark v. StateDistrict Court of Appeal of Florida · 1995

3Cited by2 opinions

  1. Kirby v. StateDistrict Court of Appeal of Florida · 1995
  2. Reisberg v. StateDistrict Court of Appeal of Florida · 2004

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