JASON TRAVIS O'NEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
This is an Anders appeal. The defendant was sentenced by oral pronouncement to 14 months’ incarceration on each of two counts. Both sentences were to run concurrently. However, the written sentencing order imposed a 24 month prison sentence on each count rather than 14 months. The State does not concede that the written sentencing order is in error. See Lester v. State, 563 So. 2d 178 (Fla. 5th DCA 1990). Because there is a factual dispute as to which sentence the judge actually intended, we vacate the sentence and remand to the trial judge for resolution of this conflict.
JUDGMENT AFFIRMED; SENTENCE VACATED; and REMANDED FOR RE-SENTENCING.
DAUKSCH, GOSHORN and GRIFFIN, JJ., concur.
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Marlette Evette Cleveland v. State, 617 So. 2d 1166 (Fla. 5th DCA 1993)…ol officer upon request. This condition was not orally pronounced at sentencing. The state has not conceded error. Therefore the sentence is vacated and the cause is remanded to the trial court for resolution of the discrepancy. See O’Neal v. State, 566 So. 2d 375 (Fla. 5th DCA1990); Lester v. State, 563 So. 2d 178 (Fla. 5th DCA1990). In both Lester (absent concession by the State) and O’Neal, sentences were vacated and the cases were remanded to the trial judge because a factual dispute existed as to what s…
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Anderson v. State, 616 So. 2d 200 (Fla. 5th DCA 1993)…l officer upon request. This condition was not orally pronounced at sentencing. The state has not conceded error. Therefore, the sentence is vacated and the cause is remanded to the trial court for resolution of the discrepancy. See O’Neal v. State, 566 So. 2d 375 (Fla. 5th DCA 1990); Lester v. State, 563 So. 2d 178 (Fla. 5th DCA 1990). Judgment AFFIRMED; sentence VACATED; cause REMANDED for resen-tencing. DAUKSCH, DIAMANTIS and THOMPSON, JJ., concur.…
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DeWayne Hollingsworth v. State, 622 So. 2d 129 (Fla. 5th DCA 1993)…n 939.01 Florida Statutes (1991). There appears, therefore, to be a factual dispute as to what the sentencing judge actually intended, and we remand the issue of the disputed cost to the trial judge for resolution of the conflict. O’Neal v. State, 566 So. 2d 375 (Fla. 5th DCA 1990). Conviction AFFIRMED; sentence AFFIRMED except as to the cost which is REMANDED for further consideration. COBB and DIAMANTIS, JJ., concur.…
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- Lester v. State, 563 So. 2d 178 (Fla. 5th DCA 1990)