LESTER LEON OUTLAW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1991-07-10
No. 90-962
SMITH and JOANOS, JJ., concur.
582 So. 2d 168 Florida District Court of Appeal, First District (1991) Positive Treatment
Cited by 10 cases

Opinion of the Court
SHIVERS, Chief Judge.

SHIVERS, Chief Judge.

Defendant, Lester Leon Outlaw, was found guilty in 1990 of two counts of resisting arrest with violence. At the sentencing hearing, the trial court orally sentenced him to concurrent terms of 3-1/2 years incarceration, and stated “[t]he court will impose a $5,000 fine in your case and in addition thereto, the court is required to impose $220 in felony costs to your case.” A written sentence, entered the same day, imposed a $5,000 fine on each count. Outlaw argues on appeal that the written sentence does not conform to the oral sentence with regard to the $5,000 fines. While it is possible, as argued by the State, that the court intended to impose two separate fines, it is clear from the oral pronouncement at the sentencing hearing that only one fine was imposed. The written sentence must therefore be remanded for correction, to conform to the oral pronouncement. Rowland v. State, 548 So. 2d 812 (Fla. 1st DCA 1989).

REVERSED and REMANDED.

SMITH and JOANOS, JJ., concur.


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  • Black v. State, 610 So. 2d 89 (Fla. 1st DCA 1992)
    …rial court properly rejected appellant’s assertion that the plea was involuntary. Although the court correctly noted that the ineffective assistance claim could be refuted by appellant’s contrary representations on a plea form, see Cameron v. State, 582 So. 2d 168 (Fla. 1st DCA 1991), and Thomas v. State, 419 So. 2d 1141 (Fla. 1st DCA 1982), the trial court neglected to attach the plea form to its order denying relief. Although reversal would be necessary given the trial court’s failure to attach this critica…
  • McDONALD v. State, 631 So. 2d 1137 (Fla. 4th DCA 1994)
    …to be heard and offer objection to the determination, and to be represented by counsel, with due opportunity to exercise and be accorded the procedures and rights provided in the laws and court rules pertaining to civil cases at law. In In re R.B., 582 So. 2d 168, 164 (Fla. 4th DCA 1991) this court suggested that the methodology of Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985) would satisfy this procedural requirement. We also note that the basis for the trial court’s imposition of…
  • Wilmer Ray Adkinson v. State, 590 So. 2d 480 (Fla. 1st DCA 1991)
    …8-282, this clearly does not conform to the oral pronouncement of violation and sentence only as to one count misdemeanor DUI. On remand, the written judgment and sentence shall be corrected to conform to the oral pronouncement. See Outlaw v. State, 582 So. 2d 168 (Fla. 1st DCA 1991). Reversed and remanded for further proceedings consistent with this opinion. SMITH and ALLEN, JJ., concur. . Lyles held that, when express oral findings and reasons for departure are made from the bench, and reduced to writing…

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