ANTHONY JEROME KENDRICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Habitual Violent Felony Offender cases and more on FLexlaw
RYDER, Acting Chief Judge.
Anthony Jerome Kendrick appeals from his conviction and sentence for the sale of cocaine. Appellant raises two points on appeal. We find merit in his first point that the trial court erred in sentencing him to a ten year minimum sentence under the drug trafficking law.
The record reveals that the trial judge intended to sentence appellant as a habitual violent felony offender. The sentencing form reflects a check mark for the imposition of the minimum mandatory provision for drug trafficking under Section 893.-135(l)(b), Florida Statutes (1989). The judgment shows that appellant’s conviction was for a second degree felony, and is not one to which the minimum mandatory applies. The written sentence does not conform to the judge’s oral pronouncements and requires reversal so that the written sentence may conform to the oral pronouncement. Williams v. State, 542 So. 2d 479 (Fla. 2d DCA 1989). Although we affirm the judgment of guilt, we set aside the sentence imposed herein and remand for further proceedings in regard thereto. Branam v. State, 514 So. 2d 422 (Fla. 2d DCA 1987).
Reversed and remanded with directions.
FRANK and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Channel Components, Inc. v. Am. II Elecs., Inc., 915 So. 2d 1278 (Fla. 2d DCA 2005)…r of the plaintiff against the defendant based upon discovery violations was an abuse of discretion because the fíne was duplicative of sanctions requiring a new trial and payment of $145,000 in attorneys’ fees); Paramount Advisors Inc. v. Schwartz, 591 So. 2d 671 (Fla. 4th DCA 1991) (reversing imposition of $100 per day fine because order failed to include finding of contempt or ability to comply with order); Baliton, [*1285] 436 So. 2d 1110 (reversing imposition of $150,000 fíne for discovery violations bec…
-
Lemar v. State, 751 So. 2d 603 (Fla. 2d DCA 1999)…oral pronouncement. Lemar entered a plea to, among other crimes, aggravated assault with a weapon, not with a firearm. Accordingly, we reverse the three-year minimum mandatory term that was not orally pronounced at sentencing. See Kendrick v. State, 591 So. 2d 671 (Fla. 2d DCA 1991). On remand, the trial court shall strike the minimum mandatory term and shall correct the judgment to reflect a conviction for aggravated assault with a weapon, not with a firearm. Lemar also argues that he should be allowed to…
-
Stewart v. Jones, 728 So. 2d 1233 (Fla. 4th DCA 1999)…text must be predicated on a finding of contempt. See Hoffman v. Hoffman, 23 Fla. L. Weekly D1539, - So. 2d -, 1998 WL 329575 (Fla. 4th DCA June 24, 1998); Hoffman v. Hoffman, 718 So. 2d 371 (Fla. 4th DCA 1998); Paramount Advisors, Inc. v. Schwartz, 591 So. 2d 671, 673 (Fla. 4th DCA 1991) (citing Palm Shores v. Nobles, 149 Fla. 103, 5 So. 2d 52 (1941)); Florida Physicians Ins. Reciprocal v. Baliton, 436 So. 2d 1110, 1111 (Fla. 4th DCA 1983). The Respondent has not sought to have Petitioners held in contempt,…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 542 So. 2d 479 (Fla. 2d DCA 1989)
- Oden v. State, 542 So. 2d 479 (Fla. 2d DCA 1989)
- Branam v. State, 514 So. 2d 422 (Fla. 2d DCA 1987)