LEVI HICKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HOBSON, Acting Chief Judge.
After a jury trial, Levi Hicks was found guilty of disorderly conduct, resisting arrest, and aggravated battery, a lesser included offense of attempted murder. Although the jury found Hicks guilty of aggravated battery, the court adjudged him guilty of attempted murder. The law is well established that the judgment of the trial court must conform to the verdict of the jury. Thrift v. State, 295 So. 2d 690 (Fla. 1st DCA 1974); State v. Puckett, 345 So. 2d 829 (Fla. 1st DCA 1977). Once the jury found Hicks guilty of aggravated battery, the trial court was compelled to adjudicate him guilty and sentence him for that offense.
The cause is therefore reversed and remanded with directions to the trial court to vacate and set aside the judgment and sentence, and to enter a judgment in accordance with the jury verdict, sentence to be as provided by law.
REVERSED and REMANDED.
DANAHY and CAMPBELL, JJ., concur.
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Williams v. State, 511 So. 2d 1017 (Fla. 2d DCA 1987)…erred in adjudicating and sentencing him for burglary of a dwelling. It is a well established rule of law that the judgment of the trial court must conform to the jury’s verdict. Starkes v. State, 438 So. 2d 1004 (Fla. 2d DCA 1983); Hicks v. State, 411 So. 2d 1025 (Fla. 2d DCA 1982). Moreover, in Bowen v. State, 491 So. 2d 331 (Fla. 4th DCA 1986), the court held that the trial court erred in adjudicating the defendant guilty of trespass of an occupied conveyance when the jury was only instructed on the lesser…
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Devlin v. State, 224 So. 3d 803 (Fla. 2d DCA 2017)…that Mr. Devlin was convicted in count 2 of the charged offense of grand theft, a third-degree felony. See Samudio v. State, 460 So. 2d 418, 419 (Fla. 2d DCA 1984) (“[T]he court’s judgment must conform to the jury’s verdict.” (citing Hicks v. State, 411 So. 2d 1025 (Fla. 2d DCA 1982))). Further, although the sentencing transcript reflects that the trial court imposed a time-served disposition on count 2, the written sentence indicates that he received a ten-year prison term. See §§ 775.082(4)(a) (authorizing a…
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Nester Samudio v. State, 460 So. 2d 418 (Fla. 2d DCA 1984)…nce rather than attempted delivery. The court’s written judgment and sentence must not vary from its oral pronouncement, Yates v. State, 429 So. 2d 815 (Fla.2d DCA 1983), and the court’s judgment must conform to the jury’s verdict. Hicks v. State, 411 So. 2d 1025 (Fla.2d DCA 1982). Therefore, the judgment and sentence form must be corrected to show that appellant was found guilty of attempted delivery of a controlled substance, was adjudicated guilty of that offense, and was sentenced for that offense. We,…
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- Huey W. Thrift v. State, 295 So. 2d 690 (Fla. 1st DCA 1974)
- State v. Puckett, 345 So. 2d 829 (Fla. 1st DCA 1977)