In this appeal filed pursuant to Anders v. California,
By requiring Simpkins to pay the $411 in costs as a new condition of probation, the court enhanced Simpkins’ sentence even though he had not violated his probation. This amounts to fundamental error. See Lippman v. State,
We, therefore, remand to the trial court to strike the condition of probation improperly imposed.
Affirmed, remanded to strike oral condition of probation.
Notes
. While the written sentencing order does not contain this new condition, the oral directive does add this specific provision and oral directives control over written ones in sentencing. Trapp v. State,
