BRIAN EDWARD WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRIAN EDWARD WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
772 So. 2d 614
Florida District Court of Appeal, First District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
ERVIN, J.
Appellant’s conviction and sentence are affirmed, but the case is remanded with directions to correct the clerical error on the judgment which designates the second-degree murder conviction as a second-degree felony, rather than a first-degree felony punishable by a term of years not exceeding life. See § 782.04(2), Fla. Stat. (1989). Appellant need not be present for this correction.
AFFIRMED, but REMANDED for correction of technical error. BARFIELD, C.J., and WOLF, J., CONCUR.
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Evans v. State, 895 So. 2d 1292 (Fla. 1st DCA 2005)…d an eighteen month prison term to be followed by eight months of probation. The order of probation states that appellant is to be on probation for eighteen months. While such discrepancies clearly constitute a sentencing error, see Hudson v. State, 772 So. 2d 614 (Fla. 1st DCA 2000), appellant did not preserve the issue below with either a contemporaneous objection or Rule 3.800(b) motion.2 Therefore, we may not address this sentencing error on direct appeal. See Maddox v. State, 760 So. 2d 89, 98 (Fla.2000…
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Romero v. State, 832 So. 2d 882 (Fla. 1st DCA 2002)…for the violation of the probationary portions of the probationary split sentences. Therefore, we remand with instructions to the trial court to conform the appellant’s written judgment and sentence with its oral pronouncement. See Hudson v. State, 772 So. 2d 614 (Fla. 1st DCA 2000). The appellant’s judgment and sentence are otherwise affirmed. AFFIRMED; REMANDED WITH INSTRUCTIONS. . ERVIN, WOLF and VAN NORTWICK, JJ., concur.…