PAOLA SOTOLONGO
v.
STATE OF FLORIDA
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When an oral pronouncement of sentence is illegal but the written judgment reflects a legal sentence, the appellate court affirms the sentence as written.
[1] When an oral pronouncement of sentence is illegal but the written judgment reflects a legal sentence, an appellate court may disregard the illegal oral pronouncement and…
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Join FLexlaw to unlock all legal intelligence“affirming defendant's legal sentence as reflected in the written judgment even though the oral pronouncement imposed an illegal sentence”
Citation to Patton v. State, 673 So. 2d 530, 530 (Fla. 4th DCA 1996)
Paola Sotolongo was convicted of a third-degree felony. The trial court orally imposed an illegal sentence, but the written judgment reflected a legal…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-2722 _____________________________
PAOLA SOTOLONGO,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Escambia County. John L. Miller, Judge.
November 8, 2019
PER CURIAM.
Upon review under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no reversible error and affirm the judgment and sentence. But in doing so, we disregard the illegal sentence orally imposed on the third-degree felony conviction and affirm Appellant’s sentence as reflected in the written judgment. See Patton v. State, 673 So. 2d 530, 530 (Fla. 4th DCA 1996) (affirming defendant’s legal sentence as reflected in the written judgment even though the oral pronouncement imposed an illegal sentence).
AFFIRMED.
RAY, C.J., and WOLF and M.K. THOMAS, JJ., concur.
2
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Patton v. State, 673 So. 2d 530 (Fla. 4th DCA 1996)