GREGORY CARNELL MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GREGORY CARNELL MITCHELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
654 So. 2d 265
Florida District Court of Appeal, Second District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm Gregory Mitchell’s conviction for robbery, but we remand the ease because the written sentences do not comport with the trial court’s oral pronouncement. The probationary terms in case numbers 93-376F, 93-378F, and 93-379F must run concurrently to reflect the trial court’s pronouncement that Mitchell serve a total of ten years’ probation. We also note that the trial court must structure the sentences so that Mitchell is not ordered to serve a prison sentence and a probationary term simultaneously. See Cox v. State, 468 So. 2d 437, 438 (Fla. 2d DCA 1985).
PATTERSON, A.C.J., and BLUE and FULMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Oliver v. State, 201 So. 3d 210 (Fla. 5th DCA 2016)…h not raised on appeal, we note that a defendant cannot be ordered to serve a prison sentence and a probationary term simultaneously. See Cox v. State, 468 So. 2d 437, 438 (Fla. 1st DCA 1985); see also Benjamin, 667 So. 2d at 437; Mitchell v. State, 654 So. 2d 265 (Fla. 2d DCA 1995).…
Authorities Cited
- COX v. State, 468 So. 2d 437 (Fla. 2d DCA 1985)