RONOL MENDOZA MADOSES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from an order revoking appellant’s probation and a sentence of twenty-six months’ imprisonment.
It is contended on appeal that the sentence is erroneous because at the sentencing hearing the trial judge announced the sentence as twenty months’ imprisonment rather than twenty-six months. However, in reducing the sentence to writing it was fixed at twenty-six months. Of course, the oral pronouncement takes precedence over the written sentence because the written sentence is merely a record of the sentence pronounced in open court. Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982); Evans v. State, 490 So. 2d 1071 (Fla. 4th DCA 1986). Therefore the written sentence should be corrected to comply with the oral sentence.
The parties agree that the court erred in not filing a written order of revocation and that the cause should be remanded for entry of such an order. Jordan v. State, 489 So. 2d 224 (Fla. 2d DCA 1986).
Accordingly, the order appealed from is affirmed but the sentence is reversed and remanded for entry of the appropriate sentence and for a written order of revocation of probation.
DOWNEY, LETTS and DELL, JJ., concur.
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Peppers v. State, 696 So. 2d 444 (Fla. 4th DCA 1997)…lant also argues that the trial court erred in failing to enter a written order revoking his probation, and the State concedes error. We therefore affirm the revocation but remand for entry of a written order of revocation. Mendoza Madoses v. State, 511 So. 2d 1132 (Fla. 4th DCA 1987). POLEN and PARIENTE, JJ., concur.…
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Babb v. State, 720 So. 2d 1168 (Fla. 4th DCA 1998)…a written order revoking his probation and the state concedes the error. The revocation is affirmed and this case is remanded for entry of a written order of revocation. Peppers v. State, 696 So. 2d 444 (Fla. 4th DCA 1997); Mendoza Madoses v. State, 511 So. 2d 1132 (Fla. 4th DCA 1987). AFFIRMED AND REMANDED. GUNTHER, WARNER, JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.…
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Kurtis Barnes v. State, 969 So. 2d 1159 (Fla. 4th DCA 2007)…d with instructions to enter a written order specifying the conditions of probation which Barnes was found to have violated and which conforms to the court’s oral declarations. See Moss v. State, 617 So. 2d 473 (Fla. 4th DCA 1993); Madoses v. State, 511 So. 2d 1132 (Fla. 4th DCA 1987); Jordan v. State, 489 So. 2d 224 (Fla. 2d DCA 1986). Affirmed and Remanded with instructions. KLEIN and MAY, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daniels v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982)
- Lawrence v. Cent. Plaza Bank & Tr. Co., 489 So. 2d 224 (Fla. 2d DCA 1986)
- Evans v. State, 490 So. 2d 1071 (Fla. 4th DCA 1986)