CORNELIUS SHERMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DANAHY, Judge.
After reviewing the briefs and record on appeal in this case, we find that the appellant has failed to demonstrate any reversible error, and, therefore, the order withholding adjudication of guilt and placing appellant on probation appealed from is affirmed. At sentencing in open court the court orally pronounced a term of probation for a period of two years. However, the written order provides for a three-year period of probation. Accordingly, the cause is remanded to the trial court for correction of the apparent clerical error in the order of probation. Yates v. State, 429 So. 2d 815 (Fla.2d DCA 1983).
The order is AFFIRMED in all other respects.
BOARDMAN, A.C.J., and SCHOON-OVER, J., concur.
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Weems v. State, 469 So. 2d 128 (Fla. 1985)…ALDERMAN, Justice. We review the decision of the District Court of Appeal, Second District, in Weems v. State, 451 So. 2d 1027 (Fla. 2d DCA 1984), which expressly and directly conflicts with the Fourth District’s decision in Harvey v. State, 450 So. 2d 926 (Fla. 4th DCA 1984). This is a sentencing guidelines case. The issue before us is whether Weems’ extensive juvenile re…
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Smith v. State, 454 So. 2d 90 (Fla. 2d DCA 1984)…. State, 450 So. 2d 926 (Fla. 4th DCA 1984). Appellant next contends that because the amount of force used is a factor relating to the instant offense rule 3.701(d)(ll) prohibits the court from using it as a reason for departure. In Weems v. State, 451 So. 2d 1027 at 1029, n. 5 (Fla. 2d DCA 1984), this court quoted from a memorandum of the Sentencing Guidelines Commission explaining rule 3.701(d)(ll): The Commission has intended that this language be understood to provide that reasons for deviating from the…
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Onelia Garcia and Matthew Lee Wilson v. State, 454 So. 2d 714 (Fla. 1st DCA 1984)…rued so as to encroach as little as possible on the sentencing judge’s discretion, but whose specific directives we are required to recognize and enforce in a manner consistent with the guidelines’ stated goals and purposes. Thus, in Weems v. State, 451 So. 2d 1027 (Fla. 2d DCA 1984), opinion filed June 29,1984 [9 FLW 1385], in rejecting the contention that the trial court erred in relying upon the defendant’s record of prior juvenile dispositions more than three years old as grounds for a sentence beyond the…
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- 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)