RAYMOND CASCELLA, APPELLANT,
v.
CANAVERAL PORT AUTHORITY, ETC., APPELLEE
RAYMOND CASCELLA, APPELLANT,
CANAVERAL PORT AUTHORITY, ETC., APPELLEE
706 So. 2d 137
Florida District Court of Appeal, Fifth District (1998)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
REVERSED. Ch. 86, Fla. Stat. (1997).
GRIFFIN, C.J., and GOSHORN and ANTOON, JJ., concur.
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Brown v. State, 786 So. 2d 1257 (Fla. 5th DCA 2001)…pro tunc language. It is well established that, where a written order does not conform to the trial court’s oral pronouncement, the oral pronouncement controls. See Arnold, v. State, 754 So. 2d 149, 150 (Fla. 2d DCA 2000). Accord Lesesne v. State, 706 So. 2d 137 (Fla. 5th DCA 1998). Since the record demonstrates that the trial court pronounced at the re-sentencing hearing that the defendant’s sentence was to run nunc pro tunc to the date the original sentence was entered, we remand this matter to the trial…
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Maynard Witherspoon v. State, 710 So. 2d 143 (Fla. 5th DCA 1998)…inion. Witherspoon v. State, 621 So. 2d 1089 (Fla. 5th DCA 1993). The second challenge as well as this one are barred because they are successive and improper, and they seek to raise points already finally decided by this court. Williams v. State, 706 So. 2d 137 (Fla. 5th DCA 1998); Eneias v. State, 696 So. 2d 1365 (Fla. 5th DCA 1997); Cassady v. State, 683 So. 2d 1194 (Fla. 5th DCA 1996); Johnson v. State, 680 So. 2d 1101 (Fla. 5th DCA 1996). This court’s ruling on direct appeal cannot be changed or challe…