LUCYNTHIA BIVINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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MILLS, Judge.
This case is before us on briefs filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although we find no reversible error on the merits of the appeal, we note a discrepancy between the oral pronouncement of sentence and the written imposition thereof. By oral pronouncement, the court imposed a ten-year sentence, to be suspended after six years; the written imposition of sentence indicated the suspension was to occur after seven years. Because the written sentence is merely a record of the actual sentence pronounced in open court, Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982), the court’s written order must be corrected to conform to the oral pronouncement of judgment and sentence. See Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983); Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984). Therefore, the written sentence is reversed and the case remanded for correction of that sentence to conform to the oral pronouncement of sentence by the court. The judgment is in all other respects affirmed.
BOOTH and BARFIELD, JJ., concur.
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Kord v. State, 508 So. 2d 758 (Fla. 4th DCA 1987)…ror in that regard. The general rule is that the written order must conform to the oral pronouncement of judgment and sentence. Bogan v. State, 462 So. 2d 115 (Fla. 2d DCA 1985); Clarke v. State, 453 So. 2d 488 (Fla. 2d DCA 1984); Bivins v. State, 454 So. 2d 723 (Fla. 1st DCA 1984); Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982); Toombs v. State, 404 So. 2d 766 (Fla. 3d DCA 1981), rev. denied, 412 So. 2d 471 (Fla.1982). The rule applies as well to the imposition of costs. Woolley v. State, 459 So. 2d 1…
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Perez v. State, 485 So. 2d 24 (Fla. 1st DCA 1986)…atter is remanded for entry of a sentence within the range recommended by the sentencing guidelines. On remand, the court is also instructed to correct the written judgment to conform with the court’s oral pronouncement of judgment. Bivens v. State, 454 So. 2d 723 (Fla. 1st DCA 1984). JOANOS and NIMMONS, JJ., concur.…
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Szyjka v. State, 502 So. 2d 26 (Fla. 4th DCA 1987)…n years in prison. The written sentence refers to a term of eleven years. We remand to permit the inconsistency to be resolved. The trial court should consider Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982), and should also see Bivins v. State, 454 So. 2d 723 (Fla. 1st DCA 1984). AFFIRMED IN PART; REVERSED IN PART; REMANDED. HERSEY, C.J., and LETTS and WALDEN, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Daniels v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982)
- In the Interest of R.B. v. State, 429 So. 2d 815 (Fla. 2d DCA 1983)
- Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983)
- Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984)