EDWARD J. SZYJKA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWARD J. SZYJKA, APPELLANT,
STATE OF FLORIDA, APPELLEE
502 So. 2d 26
Florida District Court of Appeal, Fourth District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the conviction but reverse the sentence and remand for resentencing. The trial court orally pronounced a sentence of ten 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. State, 504 So. 2d 20 (Fla. 2d DCA 1987)…or five years and ordered him to spend five months at the Pasco County Detention Center with credit for time served. Appellant requests this court to remand to allow the trial court to correct the written judgment. On the basis of Szyjka v. State, 502 So. 2d 26 (Fla. 4th DCA 1987), we agree and remand to permit the inconsistency to be resolved. RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.…
Authorities Cited
- Daniels v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982)
- Lucynthia Bivins v. State, 454 So. 2d 723 (Fla. 1st DCA 1984)