JAMES COBB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES COBB, APPELLANT,
STATE OF FLORIDA, APPELLEE
554 So. 2d 666
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We reverse the sentence imposed upon defendant upon the revocation of his probation and remand for conformity of the sentence to the trial court’s oral pronouncement. The oral pronouncement imposed 120 days in the county jail, to be suspended when defendant brought current the amounts he owed for restitution and apparently costs of probation supervision. The written order and judgment of guilt indicated, however, that defendant was to be additionally placed on two years probation.
There is no merit in defendant’s additional contention.
Reversed and remanded for proceedings consistent herewith.
DANAHY, A.C.J., and LEHAN and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McDONALD v. State, 564 So. 2d 523 (Fla. 1st DCA 1990)…lly, the oral pronouncement would prevail and this court would remand to conform the written sentence to the oral pronouncement. Harden v. State, 557 So. 2d 926 (Fla. 5th DCA 1990); Brammer v. State, 554 So. 2d 671 (Fla. 2d DCA 1990); Cobb v. State, 554 So. 2d 666 (Fla. 2d DCA 1990); Woodfin v. State, 553 So. 2d 1355 (Fla. 1st DCA 1989). However, since the oral sentence in this case contains errors, upon remand, the trial judge shall correct the sentences pursuant to the directions set forth in this opinion.…
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Singleton v. State, 561 So. 2d 1296 (Fla. 2d DCA 1990)…es not conform with the trial judge’s oral pronouncement regarding the credit for time served and that the oral pronouncement is correct. On remand, the trial court should correct the written sentence as to credit for time served. See Cobb v. State, 554 So. 2d 666 (Fla. 2d DCA 1990).4 We affirm the conviction for sale of cocaine; we set aside the conviction for possession of cocaine. We strike the assessment of costs without prejudice to the state to seek reassessment of costs after proper notice and hearing…
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Anderson v. State, 630 So. 2d 1138 (Fla. 2d DCA 1993)…la.1992). The written sentence must comport with the oral pronouncement of the court. In most instances this court would remand this case to correct this error because the oral pronouncement would prevail over the written order, see Cobb v. State, 554 So. 2d 666 (Fla. 2d DCA 1990); however, since the oral pronouncement is erroneous, upon remand, the court should impose a sentence which does not include the minimum mandatory term. See McDonald v. State, 564 So. 2d 523, 525-26 (Fla. 1st DCA 1990); see also To…