ROBERT PATTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT PATTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
673 So. 2d 530
Florida District Court of Appeal, Fourth District (1996)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The oral pronouncement of seven years’ probation for a first-degree misdemeanor is an illegal sentence. However, the written judgment reflects a probationary sentence of one year, which is a legal sentence. Appellant clearly -undertook this appeal out of concern for the rule in Kord v. State, 508 So. 2d 758 (Fla. 4th DCA 1987). This rule is inapplicable where, as here, the oral sentence is illegal. We therefore disregard the illegal oral sentence on the first degree misdemean-or conviction, and affirm appellant’s sentence as reflected in the written judgment of guilt.
GLICKSTEIN, STONE and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kaun Roberts v. State, 991 So. 2d 982 (Fla. 4th DCA 2008)…PER CURIAM. Affirmed., See Patton v. State, 673 So. 2d 530 (Fla. 4th DCA 1996). TAYLOR, HAZOURI and MAY, JJ., concur.…
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Paola Sotolongo v. State (Fla. 1st DCA 2019)
Authorities Cited
- Kord v. State, 508 So. 2d 758 (Fla. 4th DCA 1987)