JERRY JAY CHICONE, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JERRY JAY CHICONE, III, APPELLANT,
STATE OF FLORIDA, APPELLEE
644 So. 2d 532
Florida District Court of Appeal, Fifth District (1994)
Positive Treatment
Cited by 4 cases
Opinion of the Court
COBB, Judge.
The written order withholding adjudication of guilt and placing the defendant on probation dated November 12, 1993, and made nunc pro tunc to October 6, 1993, is vacated and the cause remanded for reconciliation of the oral and written sentences. See Cleveland v. State, 617 So. 2d 1166 (Fla. 5th DCA 1993) and Willis v. State, 640 So. 2d 1188 (Fla. 5th DCA 1994) (vacating sentences and remanding for resentencing and resolution of discrepancies where trial courts imposed special conditions of probation in written sentences which were not orally pronounced at sentencing).
SENTENCE VACATED; CAUSE REMANDED FOR RESENTENCING.
DAUKSCH and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Justice v. State, 658 So. 2d 1028 (Fla. 5th DCA 1995)…amples are: Willis v. State, 640 So. 2d 1188 (Fla. 5th DCA 1994); Sweet v. State, 644 So. 2d 176 (Fla. 5th DCA 1994); Jamail v. State, 637 So. 2d 362 [*1032] (Fla. 1st DCA 1994); Peterson v. State, 645 So. 2d 84 (Fla. 2d DCA 1994); Chicone v. State, 644 So. 2d 532 (Fla. 5th DCA 1994), review denied, 651 So. 2d 1192 (Fla.1995); Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994). Lots of older examples are interspersed with the other "oral over written” cases at West's key number "Criminal Law” 995(8).…1 / 2
Authorities Cited
- Marlette Evette Cleveland v. State, 617 So. 2d 1166 (Fla. 5th DCA 1993)
- Willis v. State, 640 So. 2d 1188 (Fla. 5th DCA 1994)
- Lenora B. Fulani v. Smith, 640 So. 2d 1188 (Fla. 1st DCA 1994)