REGINALD MARCHAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
REGINALD MARCHAND, APPELLANT,
STATE OF FLORIDA, APPELLEE
546 So. 2d 1184
Florida District Court of Appeal, Fifth District (1989)
Positive Treatment
Cited by 20 cases
Opinion of the Court
PER CURIAM.
In this case the trial court’s written order placing the appellant on fifteen years’ probation for lewd and lascivious assault does not comport with its oral pronouncement of five years on probation. The state concedes that this cause must be remanded to the trial court for clarification.
This cause is remanded to the trial court for either correction or reaffirmation of the sentence. See Wilkins v. State, 543 So. 2d 800 (Fla. 5th DCA 1989); cf. Venuti v. State, 437 So. 2d 238 (Fla. 5th DCA 1983) (state conceded clerical error).
DAUKSCH, COBB and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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T.A.R. v. State, 640 So. 2d 222 (Fla. 5th DCA 1994)…hat the disposition order be vacated and the cause remanded for correction thereof. See Thomas v. State, 625 So. 2d 962 (Fla. 5th DCA 1993); Wilkins v. State, 543 So. 2d 800 (Fla. 5th DCA), rev. denied, 554 So. 2d 1170 (Fla.1989); Marchand v. State, 546 So. 2d 1184 (Fla. 5th DCA 1989). The conflicts require a factual resolution by the trial court to determine whether the error was verbal or clerical. See Wilkins; Marchand. TA.R. next asserts that it was error for the court to employ a single dispositional for…
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Lester v. State, 563 So. 2d 178 (Fla. 5th DCA 1990)…onform to the oral pronouncements. Generally, an oral sentencing pronouncement prevails over a subsequent written sentence where the state concedes that the latter was in error. Harden v. State, 557 So. 2d 926 (Fla. 5th DCA 1990); Marchand v. State, 546 So. 2d 1184 (Fla. 5th DCA 1989); Wilkins v. State, 543 So. 2d 800 (Fla. 5th DCA), review denied, 554 So. 2d 1170 (Fla.1989); Mott v. State, 489 So. 2d 854 (Fla. 5th DCA 1986); Venuti v. State, 437 So. 2d 238 (Fla. 5th DCA 1983). In the instant case, the state h…
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Harden v. State, 557 So. 2d 926 (Fla. 5th DCA 1990)…802 (Fla. 5th DCA), review denied, 554 So. 2d 1170 (Fla.1989), such conflicts, absent such a concession, would require a factual resolution by the trial court to determine whether the error below was verbal or clerical. See also, Marchand v. State, 546 So. 2d 1184 (Fla. 5th DCA 1989).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wilkins v. State, 543 So. 2d 800 (Fla. 5th DCA 1989)
- Venuti v. State, 437 So. 2d 238 (Fla. 5th DCA 1983)
- Suggs v. Cowart, 437 So. 2d 238 (Fla. 5th DCA 1983)