PAUL JEROME SIRMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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LETTS, Chief Judge.
Appellant and appellee State agree that the trial court’s refusal to credit appellant for time served in the county jail was error. Groves v. State, 361 So. 2d 730 (Fla. 4th DCA 1978). The time to be credited should have been specified in the sentence and credited toward one of the charges. Lawrence v. State, 306 So. 2d 561 (Fla. 4th DCA 1975). Because of the discrepancy between the oral pronouncements of the trial court and the written sentences, the written sentences must be corrected to conform to the oral pronouncements giving appellant the same maximum of four years in prison, but followed by six years on probation rather than the eight now in the written sentences Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980).
REMANDED FOR CORRECTION IN ACCORDANCE WITH THIS OPINION.
HERSEY and GLICKSTEIN, JJ., concur.
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Earnest James Brown v. State, 423 So. 2d 599 (Fla. 3d DCA 1982)…rial court erred in entering a written sentencing order which differed from the court’s oral pronouncement. We find merit in this contention. The written sentence must be corrected to conform to the oral pronouncement of the court. Sirmons v. State, 405 So. 2d 310 (Fla. 4th DCA 1981); Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980); petition for review denied, 397 So. 2d 779 (Fla.1981). As to the conviction, appellant seeks reversal on the ground that the trial court erred in denying his request for…
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Westbrook v. State, 617 So. 2d 782 (Fla. 4th DCA 1993)…1991) (en banc). In addition, the trial court’s written sentence failed to conform to the sentence pronounced in open courtv Upon remand, the trial court is instructed to impose sentence in accordance with its oral pronouncement. Sirmons v. State, 405 So. 2d 310 (Fla. 4th DCA 1981); Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980), rev. denied, 397 So. 2d 779 (Fla.1981). Moreover, Westbrook’s judgment erroneously lists attempted robbery with a deadly weapon as a first degree felony, when the crime is…
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Norris Rogers v. State, 561 So. 2d 1 (Fla. 4th DCA 1990)…en sentence conform to the trial court’s earlier oral pronouncement. We remand to the trial court with instructions to make the change in the written order as herein outlined. Robinson v. State, 548 So. 2d 908 (Fla. 1st DCA 1989); Sirmons v. State, 405 So. 2d 310 (Fla. 4th DCA 1981); Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980). The motion is GRANTED. DELL, WALDEN and POLEN, JJ., concur.…
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- Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980)
- Lawrence v. State, 306 So. 2d 561 (Fla. 4th DCA 1975)
- Holley v. State, 306 So. 2d 561 (Fla. 4th DCA 1975)
- Groves v. State, 361 So. 2d 730 (Fla. 4th DCA 1978)