CHRISTOPHER GATTI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1975-12-05
No. 75-552
HOBSON, Acting C. J., and BOARD-MAN and SCHEB, JJ., concur.
324 So. 2d 193 Florida District Court of Appeal, Second District (1975) Positive Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

From a careful review of the record herein we conclude that appellant has failed to show error in the conviction. Accordingly, the judgment of guilt is hereby affirmed. However, at sentencing m open court a three year suspended sentence with probation was imposed. The written order of judgment and sentence provided for a five year suspended sentence with probation. The cause is remanded to the trial court to allow correction of the apparent clerical error in the order of judgment and sentence.

The judgment is affirmed except as otherwise noted.

HOBSON, Acting C. J., and BOARD-MAN and SCHEB, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983)
    …tences entered on counts II, III, IV, arid V. The written judgments and sentences state that jurisdiction was retained on all counts. Since a court’s written order of judgment and sentence must not vary from its oral pronouncement, Gatti v. State, 324 So. 2d 193 (Fla. 2d DCA 1975), retention of jurisdiction must be stricken from the judgments and sentences entered in connection with counts II, III, IV, and V. Accordingly, the cause is remanded to the trial court to allow correction of the apparent clerica…
  • Badger v. State, 398 So. 2d 984 (Fla. 1st DCA 1981)
    …be imprisoned for a term of ten years.... ” However, the written order of judgment and sentence provided that defendant be imprisoned for a term of fifteen years with credit for time served. This is a variance which was addressed in Gatti v. State, 324 So. 2d 193 (Fla. 3d DCA 1975), and we remand with directions to the trial court to correct the apparent clerical error. The appellant pro se urges other reversible error which we have examined and find to be without merit. We therefore affirm and remand with…
  • Anderson v. State, 442 So. 2d 385 (Fla. 2d DCA 1983)
    …gly affirm the judgments entered by the trial court. However, since the written sentences entered in connection with the robbery charges vary from the court’s oral pronouncement, we must remand for correction of the written sentence. Gatti v. State, 324 So. 2d 193 (Fla. 2d DCA 1975). At the sentencing hearing, the court orally sentenced the appellant to a life sentence on each of the robbery charges, and because a firearm was involved, he was sentenced to serve a minimum term of imprisonment of three years…

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