TROY VINSON DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FRANK, Judge.
We affirm the denial of Troy Vinson Davis’s motion to withdraw his plea. He has raised a sentencing issue which does have merit. The trial court sentenced Davis to three years’ imprisonment followed by two years’ probation. All of the written documents, however, indicate a four-year prison term. The written documents must conform to the pronouncement at the sentencing hearing. Wilcox v. State, 674 So. 2d 191 (Fla. 2d DCA 1996). In this case, however, a three-year term falls below the guidelines permitted range, but it is apparent from the transcript that this was an inadvertent departure. Thus, on remand, the trial court can impose either a sentence within the guidelines or a departure sentence with valid written reasons. State v. Betancourt, 552 So. 2d 1107 (Fla.1989).
Conviction affirmed; sentence reversed; remanded for resentencing.
DANAHY, A.C.J., and THREADGILL, J., concur.
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Citator
Cited By
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Golz v. State, 722 So. 2d 210 (Fla. 2d DCA 1998)…ity of statute). When a trial court unintentionally imposes a departure sentence, we remand for resentencing but permit the trial court to impose a proper departure sentence. See State v. Betancourt, 552 So. 2d 1107, 1108 (Fla.1989); Davis v. State, 697 So. 2d 935 (Fla. 2d DCA 1997). I see no reason why the trial court should not be allowed to resen-tence a habitual offender to lawful concurrent terms so long as North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), is not violated.…
Authorities Cited
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- Wilcox v. State, 674 So. 2d 191 (Fla. 2d DCA 1996)