WILLIE BELL ZIGLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction but remanded for correction of a clerical error in the written judgment.
Appellant was charged with second-degree murder, found guilty of manslaughter, and placed on probation. The written judgment, however, stated he was g…
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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. However, because of a clerical error in the court’s written judgment of guilt and order placing appellant on probation, we must remand for correction.
Appellant was originally charged with second degree murder. After a jury trial, he was found guilty of manslaughter and was adjudicated guilty of that offense in open court. He was subsequently placed on probation for fifteen years. Appellant then filed a, notice of appeal alleging that he had been adjudicated guilty of the crime of manslaughter. However, the judgment and order placing him on probation states that he was found guilty of second degree murder and was adjudicated guilty of said offense.
A court’s written order must not vary from its oral pronouncement. Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983). Therefore, the judgment and order placing appellant on probation must be corrected to show that he was found guilty of man slaughter and was adjudicated guilty of that offense, and not of second degree murder. We accordingly remand this cause to the trial court for correction of this error. The judgment and order is affirmed in all other respects.
SCHEB, A.C.J., and DANAHY, J., concur.
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Ashcraft v. State, 464 So. 2d 697 (Fla. 2d DCA 1985)…en judgment erroneously adjudicates appellant guilty of armed burglary, a first-degree felony. No sentence was imposed for this crime. Consequently, we remand this cause to the trial court for correction of the clerical error. See Zigler v. State, 446 So. 2d 266 (Fla. 2d DCA 1984). In all other respects, this cause is affirmed. AFFIRMED AND REMANDED FOR CORRECTION OF JUDGMENT. SCHOONOVER and LEHAN, JJ., concur.…
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Santini v. State, 479 So. 2d 317 (Fla. 2d DCA 1985)…third degree felony. This is obviously a clerical error. A court’s written judgment must not vary from its oral pronouncement. See Reid v. State, 460 So. 2d 921 (Fla. 2d DCA 1984); Clarke v. State, 453 So. 2d 488 (Fla. 2d DCA 1984); Zigler v. State, 446 So. 2d 266 (Fla. 2d DCA 1984); Patrick v. State, 413 So. 2d 474 (Fla. 2d DCA 1982). Therefore, on remand, the trial judge is instructed to correct the judgment to reflect that the burglary is a felony of the second degree. See Copcutt v. State, 477 So. 2d 70 (…
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Coleman v. State, 565 So. 2d 907 (Fla. 2d DCA 1990)…was used. The judgment entered against the appellant, however, found him guilty of using a firearm. Although the error in the judgment does not affect the appellant’s sentence, the written judgment must conform to the verdict. See Zigler v. State, 446 So. 2d 266 (Fla. 2d DCA 1984). We, accordingly, remand this cause to the trial court for correction of this error. The judgments and sentences are affirmed in all other respects. CAMPBELL and THREADGILL, JJ., concur.…
Authorities 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)