BRIAN K. SANFORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOANOS, Judge.
Appellant raises two issues in this appeal from a judgment and sentence for aggravated assault with a firearm and burglary of a structure while armed with a pistol. As to the first issue, we find no reversible error. For his second issue, appellant points out a discrepancy between the sentence as orally pronounced by the trial court, and as recorded on the form judgment and sentence and uniform commitment to custody. Appellee asserts these discrepancies were not brought to the attention of the trial court. The judgment and sentence appealed is affirmed without prejudice to bring the alleged sentencing discrepancies to the attention of the sentencing court in an appropriate motion for post-conviction relief.
AFFIRMED.
LARRY G. SMITH and SHAW, JJ., concur.
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Hernandez v. State, 425 So. 2d 177 (Fla. 1st DCA 1983)…y has not been brought to the attention of the sentencing court, we affirm the judgment and sentence appealed without prejudice to defendant to raise this alleged discrepancy in an appropriate motion for post-conviction relief. See Sanford v. State, 419 So. 2d 1188 (Fla. 1st DCA 1982). [*178] ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and THOMPSON, JJ., concur.…
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Sanford v. State, 476 So. 2d 314 (Fla. 1st DCA 1985)…Criminal Procedure 3.850. We affirm in part and reverse in part and remand. Sanford was convicted of aggravated assault with a firearm and burglary armed with a weapon. He appealed to this court and his conviction was affirmed in Sanford v. State, 419 So. 2d 1188 (Fla. 1st DCA 1982). Sanford appeals from the denial of his second 3.850 motion. The first motion was denied by the trial court and was not appealed. He alleges that the trial court erred in retaining jurisdiction over one-third of each of the sen…