TERRANCE BOWEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the defendant's convictions for aggravated assault and burglary, as well as his prison sentence, but remanded for correction of the written sentencing order.
The defendant was convicted of aggravated assault with a deadly weapon and burglary of a dwelling with assault. He was also found to have violated pro…
The full statement of facts, procedural history, and disposition for this case are member content.
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LAWRENCE, Judge.
We affirm the convictions of Terrance Bowen for aggravated assault with a deadly weapon, committed on December 16, 1994, in Quincy, and for burglary of a dwelling with assault, committed on March 14, 1995, in Gretna. We also affirm Bowen’s five-year prison sentence, entered after a proper finding of violation of probation and violation of community control.
We remand however for entry of a written order reflecting 54 days’ credit for time served (rather than 52), in conformity with the court’s oral pronouncement. Stevens v. State, 651 So. 2d 831 (Fla. 1st DCA 1995). The instant record moreover contains no written order setting forth the conditions of probation which Bowen was found to have violated, although a written order revoking community control appears. We therefore remand for entry of a written order conforming to the oral pronouncement regarding Bowen’s violation of probation. Martin v. State, 674 So. 2d 906 (Fla. 1st DCA 1996).
Bowen need not be present for these purposes. See Warren v. State, 661 So. 2d 1318 (Fla. 1st DCA 1995).
ALLEN and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Stevens v. State, 651 So. 2d 831 (Fla. 1st DCA 1995)
- Martin v. State, 674 So. 2d 906 (Fla. 1st DCA 1996)
- Ivy Warren v. State, 661 So. 2d 1318 (Fla. 1st DCA 1995)
- Terumo Corp. v. Suarez, 661 So. 2d 1318 (Fla. 3d DCA 1995)