REGINALD P. WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-06-17
No. 91-00999
SCHOONOVER, C.J., and DANAHY and PATTERSON, JJ., concur.
600 So. 2d 548 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 16 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

After reviewing the briefs and record on appeal in this case, we find that the appellant has failed to demonstrate any reversible error, and therefore, the judgments and sentences are affirmed. However, at the sentencing, the trial court stated in open court that in case number 90-03853, the sentence in count II was to run concurrently with the sentence in count I. The written judgments and sentences, however, indicated incorrectly the sentences for these two charges were to run consecutively.

Since a court’s written order of judgment and sentence must not vary from its oral pronouncement, Canale v. State, 543 So. 2d 806 (Fla. 2d DCA 1989), the judgments and sentences in case number 90-03853 must be corrected to indicate that the sentence in count II is to run concurrently with the sentence in count I.

Accordingly, the cause is remanded to the trial court to allow correction of the apparent clerical error discussed above.

The judgments and sentences are affirmed in all other respects.

SCHOONOVER, C.J., and DANAHY and PATTERSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Wilcox v. State, 674 So. 2d 191 (Fla. 2d DCA 1996)
    …appellant’s plea or in sentencing. We, therefore, affirm the judgment and sentence. We do, however, find error in the imposition of certain costs. A written order of judgment and sentence must not vary from its oral pronouncement. Wright v. State, 600 So. 2d 548 (Fla. 2d DCA 1992); Canale v. State, 543 So. 2d 806 (Fla. 2d DCA 1989). At the change of plea hearing, the court orally imposed $300.00 in court costs. The “Judgment for Fine and Costs,” however, reflects a total of $473.50 in costs imposed. On rema…
  • Colson v. State, 711 So. 2d 604 (Fla. 2d DCA 1998)
    …t pleaded guilty to the charge of criminal mischief when in fact appellant was found guilty by a jury. We reverse and remand to correct the written order of probation to reflect that appellant was found guilty by a jury verdict. See Wright v. State, 600 So. 2d 548 (Fla. 2d DCA 1992). Accordingly, we reverse and remand for resentencing. ALTENBERND, A.C.J., and BLUE and GREEN, JJ., concur.…
  • Deloris Cherry v. State, 718 So. 2d 294 (Fla. 2d DCA 1998)
    …ent incorrectly indicates that the amount of restitution owed was $5,295.55. The correct amount of remaining restitution at the time of the final judgment was $3,290.58. Upon remand, these scrivener’s errors should be corrected. See Wright v. State, 600 So. 2d 548 (Fla. 2d DCA 1992). Reversed and remanded to the trial court to withdraw the order revoking probation, to set aside the adjudication and sentence, and to correct the scrivener’s errors. ALTENBERND and QUINCE, JJ., concur.…

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