LEO SIROKY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COBB, Judge.
The appellant, Leo Siroky, contends that the trial court, through scrivener’s error, entered a written order which did not conform to the court’s oral pronouncement at the time of sentencing. The judge verbally indicated his intention to impose a special condition of community control, i.e., that defendant have only supervised contact with his children; instead, the written order subsequently entered prohibited all association with the children. The state concedes this necessity for correction. The appeal is otherwise without merit.
Accordingly, we affirm, but remand this cause to the trial court for the purpose of conforming the written order to the verbal pronouncement pursuant to Cahill v. State, 526 So. 2d 220 (Fla. 4th DCA 1988).
AFFIRMED AND REMANDED.
DAUKSCH and COWART, JJ., concur.
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Holloway v. State, 668 So. 2d 627 (Fla. 5th DCA 1996)…As pointed out in Robbins v. State, 641 So. 2d 934 (Fla. 2d DCA 1994), only the incarcera-tive portion of a split sentence must fall within the sentencing guideline range. See also Brown v. State, 647 So. 2d 197 (Fla. 1st DCA 1994); Morris v. State, 532 So. 2d 1116 (Fla. 5th DCA 1988). The defendant also argues that the sentences imposed on his convictions for armed burglary and armed robbery are illegal because they exceed the statutory maximum for first-degree felonies punishable by life imprisonment. In as…
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Dyer v. State, 534 So. 2d 843 (Fla. 5th DCA 1988)…REMANDED for RESENTENCING. COBB and COWART, JJ., concur. . We note that the sentences in the record with respect to the burglary of a dwelling count and the escape count were transposed from the trial court’s oral pronouncements. Siroky v. State, 532 So. 2d 1116 (Fla. 5th DCA 1988) (sentence remanded for correction so as to conform to oral pronouncement). Burglary of a dwelling is a second degree felony whereas section 39.112, Fla.Stat. lists escape from a juvenile facility as a third degree felony. . Comm…
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- Cahill v. State, 526 So. 2d 220 (Fla. 4th DCA 1988)