FREDDIE LEE SHAW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant pled guilty to carrying a concealed firearm, a felony, and possession of a firearm with an altered or removed serial number, a misdemeanor. The court orally pronounced a sentence for the felony of five years’ probation, with the condition that appellant serve 364 days in jail, along with a $5,000 fine. For the misdemeanor, 364 days in the county jail, consecutive with that imposed for the felony, along with a $1,000 fine, was orally pronounced. The written judgment and sentence imposes a term of five years’ probation for each crime, to run concurrent, with the condition that appellant serve consecutive terms of 364 days jail time for each crime. The fines as orally pronounced were also imposed as a condition of probation.
A court’s written order of judgment and sentence must not vary from its oral. pronouncement of judgment and sentence. Patrick v. State, 413 So. 2d 474 (Fla. 2d DCA 1982). Also, the written sentence for the misdemeanor is in excess of the statutory maximum. Accordingly, we vacate the sentence for possession of a firearm with an altered or removed serial number and remand for imposition of a sentence in accordance with the court’s oral pronouncement.
REMANDED.
GRIMES, A.C.J., and OTT and DAN-AHY, JJ., concur.
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Aultman v. State, 515 So. 2d 391 (Fla. 2d DCA 1987)…y. See Allen v. State, 508 So. 2d 360 (Fla.2d DCA 1987); Brown v. State, 506 So. 2d 1068 (Fla.2d DCA 1987). If the costs are reassessed, the trial court is cautioned that its written order must conform to its oral pronouncement. See Shaw v. State, 467 So. 2d 1087 (Fla.2d DCA 1985). The order placing the appellant on community control is affirmed in all other respects. Affirmed in part, reversed in part. CAMPBELL, A.C.J., and SCHOONOVER and HALL, JJ., concur.…
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Coon v. State, 511 So. 2d 751 (Fla. 2d DCA 1987)…court’s written judgment ordered the defendant to pay a fine in the sum of $249.50. ■ Because the written judgment varies from the court’s oral pronouncement, we reverse the assessment of the fine and remand for further proceedings. Shaw v. State, 467 So. 2d 1087 (Fla. 2d DCA 1985). Should the trial judge choose to reimpose costs to be added to the written judgment, appellant as an indigent must be given notice and an opportunity to be heard, pursuant to Jenkins v. State, 444 So. 2d 947 (Fla.1984). SCHEB,…
Authorities Cited
- Patrick v. State, 413 So. 2d 474 (Fla. 2d DCA 1982)