GARY ANTHONY MONDELLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ERVIN, Judge.
We affirm appellant’s conviction for lewd and lascivious act upon a person less than 16 years of age. We reverse appellant's sentence, however, because the written sentence (two years of community control with the condition that he serve ten months in county jail) does not conform with the oral pronouncement (eight years of incarceration, execution of which was suspended, and in lieu thereof, two years of community control with the condition that he serve ten months in county jail). Appellant’s sentence is therefore remanded for correction of the written sentence. Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984); Brown v. State, 599 So. 2d 225 (Fla. 1st DCA 1992); Pyle v. State, 596 So. 2d 744 (Fla. 1st DCA 1992).
The conviction is AFFIRMED; the sentence is REMANDED for correction.
WIGGINTON and KAHN, JJ., concur.'
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Evans v. State, 625 So. 2d 915 (Fla. 1st DCA 1993)…ear minimum term authorized by section 775.087(2), Florida Statutes (1989). Because the written sentence deviates from the judge’s oral pronouncement, we remand to the trial court for correction of the written sentence. See, e.g., Mondello v. State, 599 So. 2d 777 (Fla. 1st DCA 1992); Brown v. State, 599 So. 2d 225 (Fla. 1st DCA 1992); Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984). [*917] On the fourth and final issue, the appellant’s due process and equal protection challenges to the habitual felony o…
Authorities Cited
- Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984)
- Pyle v. State, 596 So. 2d 744 (Fla. 1st DCA 1992)
- Brown v. State, 599 So. 2d 225 (Fla. 1st DCA 1992)