STANTON LARRY HAMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the revocation of probation and sentence but remanded for correction of errors in the written order.
The defendant's probation was revoked and a sentence imposed. The written sentencing order contained discrepancies regarding credit for time served an…
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PER CURIAM.
Stanton Larry Hamer (Hamer) appeals the sentence imposed following the revocation of his probation. We affirm the revocation of his probation and sentence imposed thereon, but remand for correction of certain errors in the written order of revocation.
First, the trial court erred in failing to conform its written sentencing order to its oral pronouncement at the sentencing hearing. Eidson v. State, 667 So. 2d 247 (Fla. 1st DCA 1995). The trial court orally sentenced Hamer to six years imprisonment with credit for jail time, as well as credit for all time previously served and unforfeited gain time.1 When the written order issued, however, it made no mention of credit for gain time or for time previously served in prison. We remand with directions to correct the written revocation order to reflect the sentence orally pronounced.
Second, the written order contains an apparent scrivener’s error regarding the amount of restitution left unpaid. The order indicates the restitution obligation is $24,-094.43, while the civil judgment filed against Hamer lists the balance as $23,998.43, an amount supported by the record. On remand, the written order must be corrected to reflect such amount.
Hamer’s arguments pertaining to various scoresheet errors have not been, preserved for appellate review. See Taylor v. State, 601 So. 2d 540 (Fla.1992)(sentencing errors requiring resolution of factual matters not contained in record cannot generally be raised for first time on appeal).
Accordingly, we affirm Hamer’s sentence in all respects, but remand the written revocation order with directions to amend it consistent with this opinion.
AFFIRMED and REMANDED, with directions.
ALLEN, MICKLE and LAWRENCE, JJ., concur. . This case is controlled by State v. Green, 547 So. 2d 925 (Fla.1989).
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Long v. State, 886 So. 2d 280 (Fla. 1st DCA 2004)…d. We agree and, therefore, reverse and remand. See Williams v. State, 604 So. 2d 8, 9 (Fla. 1st DCA 1992) (“Written sentencing documents, including probation orders, must conform to the trial court’s oral pronouncements.”); see also Hamer v. State, 682 So. 2d 1221, 1221 (Fla. 1st DCA 1996); Byrden v. State, 622 So. 2d 139, 140 (Fla. 1st DCA 1993); Dantler v. State, 584 So. 2d 198, 198 (Fla. 1st DCA 1991) (holding that the trial court’s formal written order finding a probationer in violation of the terms and c…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Taylor v. State, 601 So. 2d 540 (Fla. 1992)
- Eidson v. State, 667 So. 2d 247 (Fla. 1st DCA 1995)