JEROME WILSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the order revoking Wilson’s probation as the evidence is sufficient to prove a willful and substantial violation for failure to complete the sex offender program. See Chamness v. State, 697 So. 2d 961 (Fla. 2d DCA 1997).
However, we vacate the sentence and remand for resentencing. As the state properly concedes, the court erred in assessing 40 points for penetration on the sentencing guidelines seoresheet. The state stipulated that the evidence showed sexual contact, rather than penetration.
Thus, the seoresheet should have included only 18 points for contact. See State v. Montague, 682 So. 2d 1085 (Fla.1996). In addition, the state properly acknowledges that the court erred in failing to award Wilson credit for the time served from his initial arrest on March 21, 1994 until the December 16, 1994 sentencing. See Miles v. State, 536 So. 2d 262 (Fla. 3d DCA 1988), affirmed on other grounds, 558 So. 2d 1001 (Fla.1990). The court only awarded Wilson 186 days credit for time served awaiting the probation violation hearing. Upon resentencing, the court shall award Wilson the additional credit for time served.
Revocation affirmed, sentence vacated, and cause remanded.
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Mehboob Jivanjee v. State, 724 So. 2d 108 (Fla. 3d DCA 1998)…must conform to the trial court’s oral pronouncement of sentence. See Tannehill v. State, 712 So. 2d 438 (Fla. 3d DCA 1998); Denson v. State, 711 So. 2d 1225 (Fla. 2d DCA 1998); Murguia v. State, 711 So. 2d 185 (Fla. 3d DCA 1998); Alvarez v. State, 698 So. 2d 1377 (Fla. 3d DCA 1997); Ramos v. State, 682 So. 2d 711 (Fla. 3d DCA 1996). Accordingly, defendant’s conviction is affirmed, defendant’s sentence is vacated and the case remanded with directions to correct the written sentencing order to reflect a sent…
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Reddick v. State, 802 So. 2d 421 (Fla. 3d DCA 2001)…t’s oral pronouncements that the sentences are to run concurrently. Therefore, we vacate that portion of the sentencing order, and remand for entry of written sentencing order that conforms to the trial court’s oral pronouncements. Alvarez v. State, 698 So. 2d 1377 (Fla. 3d DCA 1997). Affirmed in part, vacated in part, and remanded.…
Authorities Cited
- State v. Montague, 682 So. 2d 1085 (Fla. 1996)
- Miles v. State, 536 So. 2d 262 (Fla. 3d DCA 1988)
- Chamness v. State, 697 So. 2d 961 (Fla. 2d DCA 1997)
- State v. Dixon, 558 So. 2d 1001 (Fla. 1990)
- State v. Miles, 558 So. 2d 1001 (Fla. 1990)