ANTHONY CHARLES BOGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the revocation of appellant’s probation in case numbers 82-7926-A and 82-10378-A, having found the evidence sufficient to support the trial court’s determination that appellant committed both of the probation violations alleged. We agree with appellant’s assertion, however, that the court’s written order sentencing appellant to three and one-half years concurrent imprisonment on each count departs from its oral pronouncement imposing a three-year concurrent sentence on each count. Because the written judgment and sentence must not vary from the oral pronouncement, Alphonse v. State, 430 So. 2d 538 (Fla. 2d DCA 1983), we remand this case to the trial court with directions to conform the written sentence with its oral pronouncement.
Affirmed and remanded with directions.
OTT, A.C.J., FRANK, J., and BOARD-MAN, EDWARD F„ (Ret.) J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (12 total)
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Kord v. State, 508 So. 2d 758 (Fla. 4th DCA 1987)…e at the sentencing hearing in open court no costs were 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…
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Chauncey L. Davis v. State, 677 So. 2d 1366 (Fla. 4th DCA 1996)…ting that the sentences were to run concurrently. The written sentences entered do not indicate that one sentence shall run concurrently with the other. The written sentence must conform to the court’s oral pronouncement of sentence. Bogan v. State, 462 So. 2d 115 (Fla. 2d DCA 1985). (5) The record does not demonstrate that there was notice before the sentencing hearing of the state’s intent to seek $50 costs of prosecution pursuant to section 939.01, Florida Statutes (1995). Cathcart v. State, 643 So. 2d 70…
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Fleming v. State, 480 So. 2d 715 (Fla. 2d DCA 1986)…ate v. Jackson, 478 So. 2d 1054 (Fla.1985). We also note that the trial court prepared a written sentencing order which varied from its oral pronouncement. Upon resentencing the written order should conform to the oral pronouncement. Bogan v. State, 462 So. 2d 115 (Fla. 2d DCA 1985). Accordingly, we affirm Fleming’s conviction but vacate his sentence and remand this matter for resentencing consistent with this opinion. DANAHY, A.C.J., and HALL, J., concur.…
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- Alphonse v. State, 430 So. 2d 538 (Fla. 2d DCA 1983)