DONNA GAIL CLARKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while the judgments and sentences are affirmed, the cause must be remanded for correction of clerical errors in the written judgment and sentence form.
Appellant was found guilty of several firearm-related offenses and sentenced in open court. The written judgment and sentence form did not accurately …
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SCHOONOVER, Judge.
After reviewing the briefs and record on appeal, we find that the appellant has failed to demonstrate reversible error; therefore, the judgments and sentences appealed from are affirmed. We remand, however, for correction of clerical errors in the court’s written judgment and sentence form.
The appellant was originally charged by a seven count information. A jury found her guilty of attempted aggravated battery with a firearm (count I), improper exhibition of a firearm (counts II and III), and discharging a firearm in public (count V).
In open court, appellant was sentenced on count I to five years in prison, with a minimum sentence of three years pursuant to section 775.087(2), Florida Statutes (1983). The court withheld sentence on counts II, III, and V, and placed the appellant on probation. The probationary terms under counts II and III were to run concurrent with one another and consecutive to the prison term. The probationary term under count V was to run consecutive to the other terms of probation.
The written judgment and sentence form failed to mention the three year minimum sentence imposed in open court and referred to the wrong count numbers when setting forth the terms of the probationary periods. A court’s written order of judgment and sentence must conform to its oral pronouncement. Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983).
We, accordingly, remand this cause to the trial court for correction of these clerical errors. The judgments and sentences are affirmed in all other respects.
OTT, A.C.J., and CAMPBELL, J., concur.
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Kord v. State, 508 So. 2d 758 (Fla. 4th DCA 1987)…ere imposed. The written judgment is therefore in error in that regard. The general rule is that the written order must conform to the oral pronouncement of judgment and sentence. Bogan v. State, 462 So. 2d 115 (Fla. 2d DCA 1985); Clarke v. State, 453 So. 2d 488 (Fla. 2d DCA 1984); Bivins v. State, 454 So. 2d 723 (Fla. 1st DCA 1984); Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982); Toombs v. State, 404 So. 2d 766 (Fla. 3d DCA 1981), rev. denied, 412 So. 2d 471 (Fla.1982). The rule applies as well to the…
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Johnson v. State, 561 So. 2d 1254 (Fla. 2d DCA 1990)…cks away from known high drug areas, Huff v. State, 554 So. 2d 616 (Fla. 2d DCA 1989), and by not having the written order placing the appellant on probation recite that probation would be terminated upon payment of restitution, see Clarke v. State, 453 So. 2d 488 (Fla. 2d DCA 1984). Upon remand, after reinstating the appellant to probation, the court should strike the condition of probation requiring the appellant to stay at least three blocks away from known high drug areas and the imposition of attorney’s…
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Bexley v. State, 490 So. 2d 226 (Fla. 2d DCA 1986)…probation, however, the court erred in stating that probation was revoked because of the subsequent violations. As the written order must conform to the court’s oral pronouncement, we remand for correction of the clerical error. See Clarke v. State, 453 So. 2d 488 (Fla. 2d DCA 1984). Upon remand, proper written orders revoking appellant’s probation on the basis of his earlier guilty plea should be entered. Appellant next contends that the trial court erred in sentencing him pursuant to the sentencing guideli…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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)