DAVID SANDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1996-07-15
Nos. 94-3576, 94-3582
BOOTH, WOLF and BENTON, JJ., concur.
677 So. 2d 70 Florida District Court of Appeal, First District (1996)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court affirmed the defendant's convictions but remanded for correction of the written sentencing documents to align with oral pronouncements.


Facts & Procedural History

The defendant was convicted of possession of cocaine and possession of cocaine and paraphernalia in two separate cases. The trial court consolidated t…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is before us on consolidated appeal from Sanders’ convictions for possession of cocaine (lower ease no. 94-969) and possession of cocaine and paraphernalia (lower case no. 94-902). We affirm without comment the trial court’s adjudications of guilt in both cases.

However, as for Sanders’ sentences, we remand with directions that the trial court conform the written sentencing documents to its oral pronouncements (or lack thereof) at the sentencing hearing.1 Specifically, we direct the trial court to: 1. Conform the written sentencing documents to its oral pronouncement that all of Sanders’ sentences would run concurrently, and that he would receive credit for time served, Taylor v. State, 425 So. 2d 1191, 1194 (Fla. 1st DCA 1983);

2. Allow Sanders notice and an opportunity to be heard on the amount of his public defender fee, Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995); and

3. Strike Sanders’ special conditions of probation that were not specifically pronounced at sentencing (i.e., conditions 11,12 and 15). State v. Hart, 668 So. 2d 589 (Fla.1996).

JUDGMENTS AFFIRMED; SENTENCES REMANDED WITH DIRECTIONS.

BOOTH, WOLF and BENTON, JJ., concur. . Per Sanders' motion, the trial court addressed sentencing in both cases in a single consolidated sentencing hearing.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw