KENNETH RICHARD HILLMAN
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Convictions are affirmed, but the written sentence must be corrected to conform to the trial court's oral pronouncement regarding concurrent sentences, and the probation order must be clarified to prevent simultaneous incarceration and probation.
[1] When a trial court's written sentence does not conform to its oral pronouncement, the written sentence must be corrected to reflect the oral pronouncement.
[2] Sentencing documents must be clarified to prevent the simultaneous imposition of imprisonment and probation, as probation does not commence until the prison sentence is s…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The written sentence should be corrected to conform to the oral pronouncement.”
Powell v. State, 223 So. 3d 412, 414 (Fla. 5th DCA 2017)
Kenneth Richard Hillman was convicted on multiple counts. The trial court orally pronounced that Count IV would run concurrently with Count I, but the…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Anders Appeal cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
KENNETH RICHARD HILLMAN,
Appellant,
v. Case No. 5D19-468
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed May 22, 2020
Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge.
James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, Wesley Heidt and Rebecca Rock McGuigan, Assistant Attorneys General, Daytona Beach, for Appellee.
PER CURIAM.
In this Anders1 appeal, we affirm Kenneth Richard Hillman’s convictions. However, we observe that the written sentence does not conform to the trial court’s oral pronouncement.
EVANDER, C.J., LAMBERT and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Johnson v. State, 561 So. 2d 1254 (Fla. 2d DCA 1990)
- Powell v. State, 223 So. 3d 412 (Fla. 5th DCA 2017)
- Nobles v. State, 605 So. 2d 996 (Fla. 2d DCA 1992)