GLEN ESAU HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1991-02-06
No. 89-01799
RYDER, A.C.J., and FRANK, J., concur.
574 So. 2d 1169 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 4 cases
Topics
Oral Pronouncement Vs. Written Sentence Written Sentence Oral Pronouncement

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Opinion of the Court
LEHAN, Judge.

LEHAN, Judge.

Defendant appeals from his written sentence upon his conviction for sale or delivery of cocaine and contends that the sentence does not conform to the trial court’s oral pronouncement at the sentencing hearing. While the state concedes that the sentence exceeds that which the transcript shows was orally pronounced, the state, pointing out that the sentence conforms to that reflected in the handwritten trial court minutes, does not concede that the written sentence was erroneous. We reverse and remand.

On remand, the trial court should resolve the conflict between the written sentence and the minutes, on the one hand, and the transcript, on the other. See Lester v. State, 563 So. 2d 178 (Fla. 5th DCA 1990); Wilkins v. State, 543 So. 2d 800 (Fla. 5th DCA), review denied, 554 So. 2d 1170 (Fla.1989).

Reversed and remanded for proceedings consistent herewith.

RYDER, A.C.J., and FRANK, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Williams v. State, 583 So. 2d 395 (Fla. 2d DCA 1991)
    …rison followed by fifteen years’ probation on both the kidnapping charge and the attempted murder. On remand the trial court should clarify whether the written sentence correctly reflected his oral pronouncement of the sentence. See Harris v. State, 574 So. 2d 1169 (Fla. 2d DCA 1991). Accordingly, we affirm the judgments of conviction on attempted murder, kidnapping and aggravated child abuse. We affirm the sentence on aggravated child abuse. However, we vacate appellant’s sentences on the attempted murder a…
  • Merrick v. State, 597 So. 2d 802 (Fla. 3d DCA 1991)
    …R CURIAM. We affirm defendant’s conviction but remand with instructions to the trial court to conform the written sentence to the five year sentence the court pronounced orally. Philips v. State, 578 So. 2d 40 (Fla. 4th DCA 1991); Harris v. State, 574 So. 2d 1169 (Fla. 2d DCA 1991); Jones v. State, 575 So. 2d 309 (Fla. 2d DCA 1991).…

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