JAMES E. SIMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed convictions for sexual battery and petit larceny, but reversed and remanded to correct the written judgment to conform to the jury verdict and oral pronouncement regarding the use of a deadly weapon and disposition of Count II.
A trial court's written judgment must conform to the jury's verdict and the court's oral pronouncement of guilt, and must address all counts.
[1] A trial court's written judgment must conform to the jury's verdict and the court's oral pronouncement of guilt, and must include disposition on all counts.
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Join FLexlaw to unlock all legal intelligenceAppellant was charged with sexual battery using a deadly weapon and robbery. A jury found him guilty of sexual battery through use of a firearm and pe…
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PER CURIAM.
An information alleged that appellant committed a sexual battery and in the process thereof used or threatened to use a deadly weapon contrary to Section 794.-011(3), Florida Statutes, (1975) (Count I) and further alleged that appellant committed a robbery contrary to Section 812.-13(2)(a) (Count II). Appellant was found guilty by a jury of sexual battery through the use of a firearm and of petit larceny, a lesser included offense of Count II. Appellant was orally adjudicated guilty of these offenses and was sentenced to imprisonment of ninety-nine years as to Count I and to a consecutive term of sixty days as to Count II. The written judgment and sentence, however, reflects that appellant was adjudicated guilty of “sexual battery” (rather than sexual battery through the use of a deadly weapon as charged in the information) and was sentenced to a term of ninety-nine years, but makes no disposition concerning Count II.
Appellant’s convictions are affirmed. The judgment is reversed and remanded with directions to the trial court to correct the judgment so as to conform to the jury’s verdict and to the court’s oral pronouncement. Appellant need not be present for this purpose.
McCORD, C. J., and BOYER and MILLS, JJ., concur.
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White v. State, 375 So. 2d 622 (Fla. 4th DCA 1979)…found guilty of burglary.” Accordingly, the conviction is affirmed, but the judgment is reversed and remanded with directions to correct the judgment so as to conform to the jury verdict and the court’s oral adjudication of guilt. Simmons v. State, 369 So. 2d 609 (Fla. 1st DCA 1978). Appellant need not be present at this amendment of the judgment. AFFIRMED IN PART; REVERSED IN PART, with directions. ANSTEAD, J., concurs. CROSS, SPENCER C., Associate Judge, dissents without opinion.…
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Figueroa v. State, 202 So. 3d 464 (Fla. 5th DCA 2016)…h the trial court orally pronounced a sentence of life imprisonment [*466] for Count I, III, V, and VII, the counts were excluded from the written judgment and sentence. Accordingly, we reverse and remand to correct this error. See Simmons v. State, 369 So. 2d 609, 610 (Fla.1978). Appellant need not be present for this purpose. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS. TORPY and EVANDER, JJ., concur. . Appellant was additionally charged with a fifth count of sexual battery on a pe…