JOHN HENRY CHASE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Mr. Chase appeals his judgments and sentences for dealing in stolen property and two counts of robbery with a firearm. His attorney filed an Anders1 brief raising several issues. We conclude that only his argument concerning his improper sentence has merit. The trial court orally sentenced Mr. Chase to 11 years’ imprisonment for dealing in stolen property. The court’s written sentencing order, however, requires Mr. Chase to serve 11 years in prison followed by a term of 5 years on probation. Because the written order does not conform to the trial court’s pronouncement at sentencing, we strike the 5-year term of probation. Lundon v. State, 652 So. 2d 1218, 1220 (Fla. 2d DCA 1995); Williams v. State, 591 So. 2d 329 (Fla. 2d DCA 1992). We affirm Mr. Chase’s judgments and sentences in all other respects.
Affirmed as modified.
ALTENBERND, A.C.J., and BLUE and LAZZARA, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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Citator
Cited By
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Klaus v. State, 236 So. 3d 483 (Fla. 5th DCA 2018)…009). This could have made a difference at trial because Mitchell was a key witness for the State, and thus, his "trustworthiness was critical to the State's case." Smith v. State , 185 So. 3d 585, 585 (Fla. 2d DCA 2016) ; see also Gamble v. State , 685 So. 2d 1310, 1311 (Fla. 2d DCA 1996). The portions of the trial transcript the postconviction court attached to its order summarily denying this ground do not conclusively refute this part of Appellant's second claim. Therefore, we reverse and remand for the p…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Williams v. State, 591 So. 2d 329 (Fla. 2d DCA 1992)
- Lundon v. State, 652 So. 2d 1218 (Fla. 2d DCA 1995)