JAMES EARL HINKLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the defendant's convictions and sentences but remanded for correction of the written sentencing order.
Defendant was convicted of first-degree murder, attempted first-degree murder, and armed burglary. The written sentencing order stated all sentences w…
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PER CURIAM.
Defendant James Earl Hinkle was convicted of first degree murder of one victim, attempted first degree murder of another, and armed burglary. We find no merit to his argument on appeal; however, we remand for correction of an error in the written sentencing order. At the sentencing hearing, the trial judge stated that the sentences for attempted first degree murder and armed burglary were to be served concurrent with each other, but consecutive to the sentence for first degree murder. Yet, the written order reflects that all of the sentences are to be served concurrently.
A court’s written order of judgment and sentence must not vary from its oral pronouncement. Therefore, we remand this case to the trial court for correction of the written sentences. A.R. v. State, 475 So. 2d 308 (Fla. 2d DCA 1985); Jackson v. State, 445 So. 2d 407 (Fla. 2d DCA 1984). Otherwise, we affirm the defendant’s convictions and sentences.
SCHEB, A.C.J., and DANAHY and CAMPBELL, JJ., concur.
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Crosby v. State, 487 So. 2d 416 (Fla. 2d DCA 1986)…o. 2d 1054 (Fla.1985). Nevertheless, because there are inconsistencies within the written sentences and also between part of the written sentences and the court’s oral pronouncement, we must reverse for entry of corrected sentences. Hinkle v. State, 480 So. 2d 206 (Fla. 2d DCA 1985); Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983). Finally, we must also reverse the sentences because appellant has not been properly credited with the prison time he served under his original sentence. It is clear from the fac…
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Reber v. State, 611 So. 2d 91 (Fla. 2d DCA 1992)…Reber was guilty of misdemeanor possession of cannabis because the evidence showed possession of only 2.1 grams, not more than twenty grams, as charged. The written judgment and sentence should not vary from the oral pronouncements. Hinkle v. State, 480 So. 2d 206 (Fla. 2d DCA1985). We therefore remand this case to the trial court for entry of a corrected judgment. [*92] The written judgment lists $400.00 in costs, including a $100.00 fee for the court improvement fund. But the judge’s oral pronouncement asse…
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McPHEE v. State, 657 So. 2d 70 (Fla. 3d DCA 1995)…in order to conform with the jury’s verdict, the written judgment should be amended to indicate conviction of aggravated battery with a firearm not causing serious bodily injury. See Reber v. State, 611 So. 2d 91 (Fla. 2d DCA 1992); Hinkle v. State, 480 So. 2d 206 (Fla. 2d DCA 1985). Accordingly, the case is remanded. In all other respects, the decision below is affirmed. Affirmed in part and remanded.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jackson v. State, 445 So. 2d 407 (Fla. 2d DCA 1984)
- A.R. v. State, 475 So. 2d 308 (Fla. 2d DCA 1985)