KATHARTHUR MILLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KATHARTHUR MILLS, APPELLANT,
STATE OF FLORIDA, APPELLEE
765 So. 2d 153
Florida District Court of Appeal, Second District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Katharthur Mills appeals his convictions and sentences for burglary of a dwelling and grand theft. We affirm the judgments and sentences but remand for correction of a scrivener’s error. The trial court announced that it was sentencing Mr. Mills as a violent career criminal. The sentencing documents, however, indicate that Mr. Mills was sentenced as a habitual violent felony offender. This should be corrected on remand to reflect that Mr. Mills was sentenced as a violent career criminal. See Bogan v. State, 462 So. 2d 115 (Fla. 2d DCA 1985) (holding that written sentence must conform to oral pronouncement).
Affirmed; remanded for correction of scrivener’s error. PARKER, A.C.J., and BLUE and GREEN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wilson v. State, 902 So. 2d 340 (Fla. 2d DCA 2005)…s and costs not at issue on appeal and stated: “The total [is] $951.” The written order reflects a fine of $1000 and a total of $1951 in fines and costs. The written order must comport with the trial court’s oral pronouncement. See Mills v. State, 765 So. 2d 153, 154 (Fla. 2d DCA 2000). The error was properly preserved by a motion filed under Florida Rule of Criminal Procedure 3.800(b)(2), which was denied. Accordingly, we remand this cause to the trial court with directions to conform the written order ass…
Authorities Cited
- Bogan v. State, 462 So. 2d 115 (Fla. 2d DCA 1985)
- O'Byrne v. State, 462 So. 2d 115 (Fla. 2d DCA 1985)