JEFFREY JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a written judgment and sentence form must conform to the oral pronouncement of the court.
Appellant pled guilty to aggravated assault and burglary of a conveyance, was found to have violated probation, and was sentenced in open court. The w…
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SCHOONOVER, Judge.
After reviewing the briefs and record on appeal, we find that appellant has failed to demonstrate any reversible error, and accordingly, we affirm the judgments and sentences. However, we must remand to the trial court because of a clerical error in the court’s written judgment and sentence form.
Appellant was originally charged with aggravated battery and burglary of a conveyance. He pled guilty to aggravated assault and burglary of a conveyance and was placed on probation. He was subsequently found guilty of violating two conditions of his probation and was sentenced in open court to serve five years in prison for aggravated assault and five years in prison for burglary of a conveyance. These sentences were ordered to be served consecutively. On the same day a written order revoking his probation was signed, and that order conformed to the sentence entered in open court. However, the judgment and sentence form, also signed that same day, adjudicated him guilty of aggravated battery.
A court’s written order of judgment and sentence must not vary from its oral pronouncement. Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983). Therefore, the judgment and sentence form must be corrected to show that the appellant was adjudicated guilty of aggravated assault and not aggravated battery.
We accordingly remand this cause to the trial court for correction of this error. The judgments and sentences are affirmed in all other respects.
DANAHY, A.C.J., and LEHAN, J., concur.
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A.R. v. State, 475 So. 2d 308 (Fla. 2d DCA 1985)…e written order of disposition reflects this amount to be $150. Because a court’s written order of judgment and sentence must not vary from its oral pronouncement, we remand this case to the trial court for correction of the error. Jackson v. State, 445 So. 2d 407 (Fla. 2d DCA 1984); Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983). Finally, appellant claims error with respect to the assessment of $750 in attorney’s fees and costs for his defense by the public defender. Section 27.56, Florida Statutes (1983…
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Hinkle v. State, 480 So. 2d 206 (Fla. 2d DCA 1985)…court’s written order of judgment and sentence must not vary from its oral pronouncement. Therefore, we remand this case to the trial court for correction of the written sentences. A.R. v. State, 475 So. 2d 308 (Fla. 2d DCA 1985); Jackson v. State, 445 So. 2d 407 (Fla. 2d DCA 1984). Otherwise, we affirm the defendant’s convictions and sentences. SCHEB, A.C.J., and DANAHY and CAMPBELL, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of R.B. v. State, 429 So. 2d 815 (Fla. 2d DCA 1983)
- Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983)