ANDRE PAYNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANDRE PAYNE, APPELLANT,
STATE OF FLORIDA, APPELLEE
594 So. 2d 870
Florida District Court of Appeal, First District (1992)
Positive Treatment
Cited by 4 cases
Opinion of the Court
WIGGINTON, Judge.
In this appeal of a sentence brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), appellate counsel points out two procedural errors regarding a discrepancy between the oral and written sentences. We agree that remand to the trial court is necessary to correct the written sentence to conform to the oral pronouncement by striking the 15-year probationary term imposed under Count I and transferring that probationary term to Count II, as well as to correct the heading on that latter sentencing form to indicate Count II. Appellant’s sentence is otherwise affirmed.
SHIVERS and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 604 So. 2d 8 (Fla. 1st DCA 1992)…the written order states that appellant violated all three counts alleged in the affidavit of violation of probation. Written sentencing documents, including probation orders, must conform to the trial court’s oral pronouncements. Payne v. State, 594 So. 2d 870 (Fla. 1st DCA 1992); Simmons v. State, 594 So. 2d 853 (Fla. 1st DCA 1992); Batie v. State, 593 So. 2d 1167 (Fla. 1st DCA 1992); Hernandez v. State, 592 So. 2d 764 (Fla. 1st [*10] DCA 1992); Bellamy v. State, 590 So. 2d 44 (Fla. 1st DCA 1991). Acco…
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Barger v. State, 688 So. 2d 449 (Fla. 1st DCA 1997)…a deadly weapon, but remand to the circuit court for correction of the written sentencing order to conform with the oral pronouncement made by the court at the sentencing hearing. Williams v. State, 604 So. 2d 8 (Fla. 1st DCA 1992); Payne v. State, 594 So. 2d 870 (Fla. 1st DCA 1992). WEBSTER, MICKLE and LAWRENCE, JJ., concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)