WENDY ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1993-04-16
No. 92-2598
DAUKSCH, DIAMANTIS and THOMPSON, JJ., concur.
616 So. 2d 200 Florida District Court of Appeal, Fifth District (1993) Positive Treatment
Cited by 14 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an Anders appeal in which we have discovered two minor sentencing errors. At sentencing, the trial court gave appellant 146 days of jail time credit against her sentence in Case No. 92-31867. However, the written order reflects only 140 days of credit. Oral pronouncements control over provisions in the written order where clerical error caused the discrepancy. Avery v. State, 543 So. 2d 296 (Fla. 5th DCA 1989), rev. dismissed, 553 So. 2d 1164 (Fla.1989). Appellant’s jail time credit in Case No. 92-31867 is corrected to 146 days.

In Case No. 91-3180, the trial court imposed a special condition of community control, requiring appellant to keep a daily journal and provide it to her community control officer upon request. This condition was not orally pronounced at sentencing. The state has not conceded error. Therefore, the sentence is vacated and the cause is remanded to the trial court for resolution of the discrepancy. See O’Neal v. State, 566 So. 2d 375 (Fla. 5th DCA 1990); Lester v. State, 563 So. 2d 178 (Fla. 5th DCA 1990).

Judgment AFFIRMED; sentence VACATED; cause REMANDED for resentencing.

DAUKSCH, DIAMANTIS and THOMPSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Marlette Evette Cleveland v. State, 617 So. 2d 1166 (Fla. 5th DCA 1993)
    …y control which a trial court may impose, but, of the conditions imposed in Cleveland’s case, only community service is specifically provided for by statute. Only one case from this court appears to briefly address this issue. In Anderson v. State, 616 So. 2d 200 (Fla. 5th DCA1993), this court reviewed an Anders appeal and held: In Case No. 91-3180, the trial court imposed a special condition of community control, requiring appellant to keep a daily journal and provide it to her community control officer up…
  • Mosely v. State, 659 So. 2d 1342 (Fla. 5th DCA 1995)
    …sistency between the oral sentencing pronouncement and the written order, the State acknowledges that oral sentencing pronouncements control over provisions in a written order where the discrepancy is caused by clerical error. See Anderson v. State, 616 So. 2d 200 (Fla. 5th DCA 1993); Avery v. State, 543 So. 2d 296 (Fla. 5th DCA), review dismissed, 553 So. 2d 1164 (Fla.1989). It does not, however, concede the error was clerical. On remand, a hearing should be held to determine the actual sentence intended. Se…
  • Brooks v. State, 649 So. 2d 329 (Fla. 5th DCA 1995)
    …ing documents, it was not orally pronounced at sentencing. Any discrepancy between oral pronouncements and written sentencing orders must be resolved on remand. See Cleveland v. State, 617 So. 2d 1166 (Fla. 5th DCA 1993). See also Anderson v. State, 616 So. 2d 200 (Fla. 5th DCA 1993). Also, the trial court failed to reference the statutory authority for the imposition of such costs. See Morris v. State, 642 So. 2d 586 (Fla. 5th DCA 1994); Shaddix v. State, 599 So. 2d 269 (Fla. 1st DCA 1992). On remand, if the…

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