ROOSEVELT GLENN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in increasing a sentence on one count and that a written order of probation revocation did not conform to the oral pronouncement.
The appellant appealed his probation revocation and sentences in two cases. The court reviewed the record and found sentencing errors in one of the ca…
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PER CURIAM.
Roosevelt Glenn appeals the order revoking his probation in Case No. 82-3687 and the sentence resulting from the order of revocation. He also appeals the judgment and sentence in Case No. 84-14027.
We have considered each of the points raised by the appellant. Upon examining the record, we find that the court erred on August 12, 1985, by increasing the sentence in count II of Case No. 82-3687 from five to seven years. See Katz v. State, 335 So. 2d 608 (Fla. 2d DCA 1976). We therefore vacate the sentence on count II in that case and remand for reduction of the sentence to five years. The judgments and sentences in both cases are otherwise affirmed.
We also note that the written order of revocation of probation in Case No. 82-3687 does not comport with the court’s oral pronouncement of May 23, 1985. See Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979). On remand the trial court is instructed to correct the written order to conform with the court’s oral pronouncement of May 23, 1985.
Affirmed in part and remanded in part.
SCHOONOVER, A.C.J., and HALL and THREADGILL, JJ., concur.
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State v. Glenn, 558 So. 2d 4 (Fla. 1990)…iple counts of drug-related offenses arising from a single episode, including separate convictions and sentences for trafficking in, and delivery of, both cocaine and heroin. The district court affirmed the convictions and sentences. Glenn v. State, 512 So. 2d 223 (Fla. 2d DCA 1987), cert. denied, 484 U.S. 1068, 108 S.Ct. 1034, 98 L.Ed.2d 998 (1988). In a motion for post-conviction relief, Glenn alleged that multiple convictions for a single criminal act violated the prohibitions against double jeopardy conta…
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Glenn v. State, 537 So. 2d 611 (Fla. 2d DCA 1988)…for this proceeding. Although we are aware that the supreme court denied review in Harris, we certify conflict with Harris and adhere to this court’s opinion in Kraus. Reversed and remanded. RYDER, A.C.J., and LEHAN, J., concur. . Glenn v. State, 512 So. 2d 223 (Fla. 2d DCA 1987), cert. denied, — U.S.-, 108 S.Ct. 1034, 98 L.Ed.2d 998 (1988). . This court has applied the double jeopardy rationale in Carawan to prohibit the imposition of separate sentences for possession, delivery, and trafficking in the sa…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sterling Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979)
- Elliot Katz v. State, 335 So. 2d 608 (Fla. 2d DCA 1976)