LEE SHIPMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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MONACO, J.
Lee Shipman appeals the sentence imposed after he was convicted of possession of cocaine. Mr. Shipman abandoned his objection in the trial court with respect to his claim based on an allegedly erroneous score sheet by failing to obtain a ruling from the court. See State v. Clay, 780 So. 2d 269 (Fla. 5th DCA 2001); Latiif v. State, 711 So. 2d 241 (Fla. 5th DCA 1998), remanded, 787 So. 2d 834 (Fla.2001).
The State concedes that the oral pronouncement and the written sentence are in conflict in that the court orally gave Mr. Shipman credit for 199 days time served, while the written sentence credits Mr. Shipman with 189 days. Accordingly, we reverse and remand for the trial court to correct the written sentence to reflect credit for 199 days time served, and in all other respects affirm the judgment and sentence. See Johnson v. State, 652 So. 2d 430 (Fla. 2d DCA 1995).
AFFIRMED, in part, and REVERSED in part.
THOMPSON, C.J., and ORFINGER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gonzalez v. State, 849 So. 2d 1112 (Fla. 5th DCA 2003)…Fla. L. Weekly S18, S20, — So. 2d -, -, 2003 WL 60564 (Fla. Jan. 9, 2003) (recognizing and affirming the “longstanding principle of law — that a court’s oral pro [*1114] nouncement of sentence controls over the written document.”); Shipman v. State, 842 So. 2d 1021 (Fla. 5th DCA 2003); see also Taylor v. State, 840 So. 2d 371 (Fla. 1st DCA 2003) (remanding to the trial court to enter a probation revocation order consistent with that orally pronounced in court); Blackshear v. State, 838 So. 2d 1228, 1229 (Fla.…
Authorities Cited
- Salim Kamau Latiif v. State, 787 So. 2d 834 (Fla. 2001)
- State v. Clay, 780 So. 2d 269 (Fla. 5th DCA 2001)
- Salim Kamau Latiif v. State, 711 So. 2d 241 (Fla. 5th DCA 1998)
- Johnson v. State, 652 So. 2d 430 (Fla. 2d DCA 1995)