JOSEPH WAYNE SULLIVAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1989-02-22
No. 88-1733
ERVIN and NIMMONS, JJ., concur.
538 So. 2d 553 Florida District Court of Appeal, First District (1989) Positive Treatment
Cited by 5 cases
Topics
Written Sentence Oral Pronouncement Of Sentence Plea Agreement

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Opinion of the Court
SMITH, Chief Judge.

SMITH, Chief Judge.

Appellant appeals his written sentences which allegedly do not conform to the oral pronouncement of sentence by the court. The written plea agreement, the representations by counsel at the plea and sentencing hearings, and the equivocal oral pronouncement of sentence found in the sentencing transcript are apparently at odds with one another. However, this court is at a decided disadvantage in attempting to determine, in the first instance, just how and why the inconsistencies appearing in the record occurred. Accordingly, the case is remanded to the trial court to enter an order clarifying the sentences. See Robinson v. State, 407 So. 2d 1038 (Fla. 1st DCA 1981). The state has conceded that the written judgment as to Count I of the indictment is in error and should be corrected.

REVERSED and REMANDED for proceedings consistent with this opinion.

ERVIN and NIMMONS, JJ., concur.

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Citator

Cited By

  • French Milton v. State, 637 So. 2d 77 (Fla. 5th DCA 1994)
    …PER CURIAM. AFFIRMED. § 921.16, Fla.Stat. (1993); Johnson v. State, 538 So. 2d 553 (Fla. 2d DCA 1989). The appellant misinterprets Smith v. State, 515 So. 2d 363 (Fla. 4th DCA 1987). Smith held that a sentence imposed that runs consecutive to a sentence in any other pending case is indefinite and therefore improper. The court stat…
  • Poitier v. State, 844 So. 2d 707 (Fla. 2d DCA 2003)
    …echanism for the State to correct a scrivener’s error. Here, because the facts are in dispute, the trial court must hold an evidentiary hearing to determine whether a sixty-month or a sixteen-month sentence was orally imposed. See Sullivan v. State, 538 So. 2d 553, 553 (Fla. 1st DCA 1989) (remanding for trial court to clarify sentence when “written plea agreement, the representations by counsel at the plea and sentencing hearings, and the equivocal oral pronouncement of sentence found in the sentencing transc…
  • Hernandez v. State (Fla. 2d DCA 2019)
    …lusion of a future sentence yet to be announced. The State has properly conceded error. As this court has previously recognized, a court may not impose a sentence "consecutive to a sentence yet to be imposed on another offense." Johnson v. State, 538 So. 2d 553, 554 (Fla. 2d DCA 1989). Accordingly, we affirm Hernandez's judgment for contempt but reverse his sentence and remand for the entry of a corrected sentence. 1Although the contempt charge was assigned a misdemeanor case number, we have jurisdiction.…

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