JOSEPH W. DYKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSEPH W. DYKES, APPELLANT,
STATE OF FLORIDA, APPELLEE
576 So. 2d 847
Florida District Court of Appeal, Fifth District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
COWART, Judge.
As to each of four forgery convictions (Counts I, II, III and IV of the information in case no. 89-7947), the trial court imposed a probationary split sentence of two years incarceration followed by one year of probation and then ordered each sentence to run consecutive to each other. We vacate the sentences and remand for resentencing because the sentences as imposed result in consecutive periods of incarceration interrupted by probation, contrary to Turner v. State, 551 So. 2d 1247 (Fla. 5th DCA 1989).
SENTENCES VACATED; CAUSE REMANDED FOR RESENTENCING.
W. SHARP and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hall v. State, 579 So. 2d 913 (Fla. 5th DCA 1991)…this same intent and are at variance with the written sentences. The written sentences imposed by the trial court are invalid because these sentences as imposed result in consecutive periods of incarceration interrupted by probation. Dykes v. State, 576 So. 2d 847 (Fla. 5th DCA 1991); Turner v. State, 551 So. 2d 1247 (Fla. 5th DCA 1989). The state argues that the oral sentences are valid and that we should merely remand to correct a scrivener’s error because “verbal pronouncements prevail over clerical erro…
Authorities Cited
- Turner v. State, 551 So. 2d 1247 (Fla. 5th DCA 1989)