CARL ANTHONY ELLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARL ANTHONY ELLIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
369 So. 2d 397
Florida District Court of Appeal, Second District (1979)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction and sentence but we remand the case for correction of the judgment and sentence form so that it conforms to the judge’s oral pronouncement of sentence. The judge imposed a sentence of two years imprisonment with credit for 141 days previously served. However, possibly through a scrivener’s error, the form provides for a sentence of two years 141 days with credit for 141 days served.
This clerical error should be corrected. Otherwise the judgment is affirmed.
HOBSON, Acting C. J., and OTT and RYDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Branam v. State, 514 So. 2d 422 (Fla. 2d DCA 1987)…t the correct sentence or that Branam misunderstood or incorrectly characterized the nature of his plea agreement.1 Written judgment and sentence forms should conform with the trial court’s oral pronouncement of sentence. See, e.g., Ellis v. State, 369 So. 2d 397 (Fla. 2d DCA 1979). It is conceivable that, through clerical error, the documents in this case omit any provision for concurrent time, in which case the presumption would be that the sentence is not concurrent with any other. § 921.16(1), Fla.Stat.…