JOHN LAMAR WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
After reviewing the briefs and record on appeal, we find that the appellant has failed to demonstrate any reversible error, and therefore, the judgments and sentences are affirmed. However, the trial court’s written order of judgment and sentence varied from its oral pronouncement at sentencing in open court. The written order of judgment and sentence recited that the appellant was guilty of possession of cocaine with intent to sell or deliver and imposed a fine. The trial court at the sentencing hearing adjudicated the appellant guilty of the lesser included offense of possession of cocaine and stated that no fine would be imposed.
Since a trial court’s written order of judgment and sentence must not vary from its oral pronouncement, Perez v. State, 498 So. 2d 1005 (Fla. 2d DCA 1986), the case must be remanded to correct these errors.
Accordingly, the cause is remanded to the trial court to allow correction of the clerical errors.
SCHOONOVER, C.J., and SCHEB and DANAHY, JJ., concur.
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Citator
Cited By
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Williams v. State, 619 So. 2d 398 (Fla. 2d DCA 1993)…error, the judgment incorrectly indicates that Williams pled nolo conten-dere. The convictions and sentences received by Williams are proper and we affirm the trial court’s actions, however, the clerical error must be corrected. See Wright v. State, 568 So. 2d 1313 (Fla. 2d DCA 1990). Accordingly, the cause is remanded to the trial court to allow correction of the clerical error so the judgment will properly reflect that the appellant entered a plea of guilty. Affirmed and remanded, with directions. SCHO…
Authorities Cited
- Perez v. State, 498 So. 2d 1005 (Fla. 2d DCA 1986)