AMED GALLARDO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2008-10-01
No. 4D08-202
STONE, WARNER and KLEIN, JJ., concur.
991 So. 2d 997 Florida District Court of Appeal, Fourth District (2008) Positive Treatment
Cited by 6 cases
Topics
Oral Pronouncement Vs. Written Sentence Written Sentence Oral Pronouncement Scrivener'S Error

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Although our independent review of the record has revealed an apparent scrivener’s error in the written sentence, we grant appellate counsel’s motion to withdraw filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

We reverse and remand, however, with directions for the trial court to correct the written sentence in lower court case number 432007CF988A. The trial court orally pronounced a nine-year term of imprisonment on Count Three, but the written sentence on this count reflects “nine months.” Because the trial court’s oral pronouncement is unambiguous, the written sentence must be corrected to reflect the oral pronouncement. Moreland v. State, 853 So. 2d 574 (Fla. 4th DCA 2003).

We affirm the convictions and sentences on all other counts.

STONE, WARNER and KLEIN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • McKELIVER v. State, 45 So. 3d 934 (Fla. 4th DCA 2010)
    …ns and sentences except to the extent that we remand with directions that the trial court correct a scrivener’s error in the written sentencing order for count IV to reflect the “30” days orally pronounced instead of “3” days. See Gallardo v. State, 991 So. 2d 997, 998 (Fla. 4th DCA 2008) (noting that written sentence must be corrected to reflect trial court’s unambiguous oral pronouncement). Affirmed and remanded with directions. GROSS, C.J., FARMER and STEVENSON, JJ„ concur.…
  • Cortina Wobbleton v. State, 76 So. 3d 1136 (Fla. 4th DCA 2012)
    …y pronounced sentences on counts I and II of five years imprisonment both to run concurrently, but the written sentences reflect an additional ten-year period of probation. This must be corrected to reflect the oral pronouncement. Gallardo v. State, 991 So. 2d 997 (Fla. 4th DCA 2008). Reversed and remanded with directions. MAY, C.J., HAZOURI and DAMOORGIAN, JJ., concur.…
  • Walker v. State (Fla. 5th DCA 2024)

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