TOM ANDRAIN BYRD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of the motion to dismiss but remanded for correction of the sentence.
Appellant, charged with burglary and grand theft at age seventeen, moved to dismiss based on the unconstitutionality of the statute vesting jurisdicti…
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FRANK D. UPCHURCH, Jr., Judge.
Appellant Tom Andrain Byrd was charged with burglary of a dwelling and grand theft. At the time of the offense, he was seventeen years old. Under section 39.04(2)(e)(4), Florida Statutes (1979), jurisdiction was vested in the circuit court.
Appellant moved to dismiss alleging that section 39.04(2)(e)(4) was unconstitu tional. The motion was denied and he entered a plea of nolo contendere specifically reserving the right to appeal this denial. The count of grand theft was nol prossed.
The constitutionality of section 39.-04(2)(e)(4) was recently upheld in State v. Cain, 381 So. 2d 1661 (Fla.1980).
Appellant also contends that the court incorrectly sentenced him to fifty-two weeks in the county jail, less time served, plus five years probation. He claims this does not conform to the announced intention of the court and that it is illegal because it exceeds the statutory maximum. The state acknowledges the error, which was an inadvertent juxtaposition of the sentence in the order of judgment and sentence and argues that the intended sentence is a probationary term of five years with a condition that fifty-one weeks would be served in the county jail.
Therefore we remand for correction of the sentence.
COBB and SHARP, JJ., concur.
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Taylor v. State, 425 So. 2d 1191 (Fla. 1st DCA 1983)…der, however, refers to a five year sentence on the foregoing charge. This facial inconsistency will need to be rectified by bringing both documents into conformity with the lower court’s oral pronouncements at the time of sentencing. Byrd v. State, 388 So. 2d 1362 (Fla. 5th DCA 1980). The conviction of grand theft of the “CB” is therefore REVERSED and REMANDED with directions that the lower court enter a judgment and sentence for petit theft of the “CB”. The lower court is further directed to bring the writt…
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Jackson v. State, 463 So. 2d 372 (Fla. 5th DCA 1985)…cing hearing reflected a one-year sentence, and where the statutory maximum sentence for that [*375] offense is one year. See Matson v. State, 445 So. 2d 1121 (Fla. 5th DCA 1984); Shied-er v. State, 430 So. 2d 537 (Fla. 5th DCA 1983); Byrd v. State, 388 So. 2d 1362 (Fla. 5th DCA 1980). It appears that this was a clerical error, and as the sentence exceeds the maximum allowable by law under section 316.1935, Florida Statutes (1983), we reverse the sentence and remand for its reduction to one year. AFFIRMED in…
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Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980)…wenty-four hours in jail in addition to a fine of $2,000. When reduced to a writing the order recited jail time of forty-eight hours as well as the $2,000 fine. The written order must be corrected to conform to the oral pronouncement. Byrd v. State, 388 So. 2d 1362 (Fla.5th DCA 1980); Towson v. State, 382 So. 2d 870 (Fla.5th DCA 1980); Sampson v. State, 375 So. 2d 325 (Fla.2d DCA 1979); Chester v. State, 355 So. 2d 509 (Fla.2d DCA 1978); Sing Eng v. State, 350 So. 2d 559 (Fla.2d DCA 1977). REMANDED for corre…
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