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Labar v. StateLabar v. State

District Court of Appeal of Florida
Jul 3, 1991
90-02348
Versions:584 So. 2d 37
1991 WL 119262

LEHAN, Judge.

We affirm defendant‘s convictions for battery on a law enforcement officer and obstructing or opposing an officer without violence.

Defendant‘s contention concerning the sufficiency of the evidence was not preserved for appeal. See Gomez v. State, 309 So.2d 56 (Fla. 2d DCA 1975). Defendant‘s contention that the trial court erred in announcing defendant‘s guilt before defense counsel made a closing argument and announced that the defense had rested was waived. See M.S. v. State, 584 So.2d 36 (Fla. 2d DCA 1991).

However, we strike the special conditions of probation because they did not conform to the oral pronouncement at the sentencing hearing. See Seawright v. State, 572 So.2d 990 (Fla. 2d DCA 1990); Williams v. State, 542 So.2d 479 (Fla. 2d DCA 1989).

Affirmed except remanded for conformance of the sentence to the oral pronouncement.

RYDER, A.C.J., and PARKER, J., concur.

Case Details

Case Name: Labar v. State
Court Name: District Court of Appeal of Florida
Date Published: Jul 3, 1991
Citations: 584 So. 2d 37; 1991 WL 119262; 90-02348
Docket Number: 90-02348
Court Abbreviation: Fla. Dist. Ct. App.
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