O'CONNOR B. GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
O'CONNOR B. GREEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
446 So. 2d 253
Florida District Court of Appeal, Fifth District (1984)
Caution
Cited by 9 cases
Opinion of the Court
ORFINGER, Chief Judge.
The State concedes that in sentencing appellant following his conviction, the court’s written sentence does not comport with the oral pronouncement of sentence in open court. We therefore affirm the judgment of conviction, but remand this ease to the trial court for correction of sentence. See Venuti v. State, 437 So. 2d 238 (Fla. 5th DCA 1983); Byrd v. State, 388 So. 2d 1362 (Fla. 5th DCA 1980); Shieder v. State, 430 So. 2d 537 (Fla. 5th DCA 1983).
AFFIRMED and REMANDED.
COBB, J., and LEE, R.E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Healey v. State, 464 So. 2d 213 (Fla. 3d DCA 1985)…irections to modify the final judgment of conviction and sentence to reflect that the defendant stands convicted of unarmed robbery as found by the jury. The defendant need not be present when the trial court makes this modification. Green v. State, 446 So. 2d 253 (Fla. 5th DCA 1984); Sandstrom v. State, 390 So. 2d 448, 449 (Fla. 4th DCA 1980), pet. for review denied, 397 So. 2d 779 (Fla.1981). Aside from the above, we reject the defendant’s remaining points on appeal as being unpersuasive. Insufficient evi…
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Check 'N GO OF Fla., Inc. v. State, 790 So. 2d 454 (Fla. 5th DCA 2001)…gation is to discover and procure evidence, and not to prove a pending charge or complaint, its function is distinct from an adjudication, and, accordingly, more latitude is allowed in considering the foundation for the subpoena. See Ezell v. Smith, 446 So. 2d 253, 255 (Fla. 5th DCA 1984); see also Genuine Parts Co. v. Fed. Trade Comm’n, 445 F. 2d 1382, 1388 (5th Cir.1971); Fla. Dep’t of Ins. & Treasurer v. Bankers Ins. Co., 694 So. 2d 70, 72 (Fla. 1st DCA 1997). An investigation, in short, does not determine…
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Munsell v. Bludworth, 474 So. 2d 1286 (Fla. 4th DCA 1985)…See Creamer v. State, 447 So. 2d 978, 978 (Fla. 1st DCA), review denied, 453 So. 2d 45 (Fla.1984); State v. Barreiro, 432 So. 2d 138, 139 (Fla. 3d DCA), review denied, 441 So. 2d 631 (Fla.1983); Able Builders, 368 So. 2d at 1341. Cf. Ezell v. Smith, 446 So. 2d 253 (Fla. 5th DCA 1984). The service of process in the instant case was not limited in any way and was issued for an investigation and not for any pending litigation. Thus, it is impossible to determine whether there is an identity of parties and/or iss…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shieder v. State, 430 So. 2d 537 (Fla. 5th DCA 1983)
- Venuti v. State, 437 So. 2d 238 (Fla. 5th DCA 1983)
- Suggs v. Cowart, 437 So. 2d 238 (Fla. 5th DCA 1983)
- Byrd v. State, 388 So. 2d 1362 (Fla. 5th DCA 1980)