STEPHEN TETRO, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Harmon v. State, 599 So. 2d 754 (Fla. 4th DCA 1992)
  …8 days. Appellant’s written sentencing order, however, reflects only 278 days credit for time served. Generally, when written orders are inconsistent with oral pronouncements made at sentencing, the oral pronouncements must prevail. Tetro v. State, 581 So. 2d 1009 (Fla. 4th DCA 1991). In the instant case, however, the record demon [*757] strates that the oral pronouncement was incorrect. As the state contends, appellant was arrested on February 13, 1990, The trial court sentenced appellant on November 15, 199…
• Thomas v. State, 595 So. 2d 287 (Fla. 4th DCA 1992)
  …e 15-year sentence appellant was already serving for violation of probation in Case No. 81-1773. Accordingly, the court’s later correction in August of 1984 of the written sentence to conform to its oral pronouncement was proper. See Tetro v. State, 581 So. 2d 1009 (Fla. 4th DCA 1991). In addition, we note that the appellant failed to appeal the trial court’s later sentencing order. Rule 3.800 is not intended to be a substitute for appeal. . After review of the initial brief and the record on appeal we concl…
• Payne v. State, 624 So. 2d 815 (Fla. 4th DCA 1993)
  …ts on appeal, only one of which has merit. Appellant argues and the state concedes that the sentencing forms must be corrected to conform to the trial court’s oral pronouncements as to the sentences for the third degree felonies. See McBee v. State, 581 So. 2d 1009, 1110 (Fla. 4th DCA 1991). Thus, we would also remand to the trial court for the purpose of making that correction. GUNTHER, POLEN and KLEIN, JJ., concur.…

Authorities Cited

• Avery v. State, 543 So. 2d 296 (Fla. 5th DCA 1989)