JAMES BERNARD PLEAS, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2003-04-08
No. 1D01-0068
BARFIELD and LEWIS, JJ., concur.
842 So. 2d 969 Florida District Court of Appeal, First District (2003) Caution
Cited by 3 cases

Opinion of the Court
BROWNING, J.

BROWNING, J.

We affirm the Appellant’s convictions and sentences. However, we remand for correction of the written judgment and sentence in lower court case number 98-3154 to conform with the oral pronouncement of the sentence. See, e.g., Marshall v. State, 652 So. 2d 974 (Fla. 1st DCA 1995). Specifically, we note that the written judgment and sentence must make reference to the fact that, on count two of that case, Appellant was sentenced as a prison releasee reoffender. AFFIRMED and REMANDED for correction of written sentence.

BARFIELD and LEWIS, JJ., concur.


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  • State v. Ransom Louis Collins, 985 So. 2d 985 (Fla. 2008)
    …e predicate felonies used to support the sentence); Hughes v. State, 850 So. 2d 664 (Fla. 1st DCA 2003) (resentencing ordered where State failed to prove proper predicate felonies as enumerated in section 775.084, Florida Statutes); Walker v. State, 842 So. 2d 969 (Fla. 4th DCA 2003) (resentencing ordered where State failed to prove satisfactory evidence of predicate convictions); Robinson v. State, 830 So. 2d 251 (Fla. 1st DCA 2002) (resentencing ordered where record evidence did not support a finding that t…
  • Ponton v. State, 73 So. 3d 70 (Fla. 2011)
    …ot apply to the defendant’s sentencing because his crimes were committed prior to effective date of that provision); Bunch v. State, 976 So. 2d 1190 (Fla. 5th DCA 2008) (addressing how section 775.084(5) applies to an HFO sentence); Walker v. State, 842 So. 2d 969, 970 (Fla. 4th DCA 2003) (addressing how the sequential conviction requirement applies to an HFO sentence); Gordon v. Moore, 832 So. 2d 880, 881 (Fla. 3d DCA 2002) (addressing how the sequential conviction requirement applies to an HFO sentence). I…
  • Mincey v. State, 964 So. 2d 254 (Fla. 4th DCA 2007)
    …rate convictions arising out of unrelated crimes can take place on the same day, the sentences cannot be part of same sentencing proceeding” in order to be considered “sequential” for purposes of habitualization) (citation omitted); Walker v. State, 842 So. 2d 969 (Fla. 4th DCA 2003); Warner v. State, 798 So. 2d 885, 886 (Fla. 4th DCA 2001). We reverse the summary denial of Min-cey’s motion and remand for re-sentencing. We note the state’s reference to a 1989 “sentence” of probation, see State v. Richardson…

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