ANNETTE FREDERICKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1991-09-18
No. 90-3678
SHIVERS and WOLF, JJ., and CAWTHON, Senior Judge, concur.
585 So. 2d 506 Florida District Court of Appeal, First District (1991) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Annette Frederickson challenges the trial court’s judgment and sentence for violating the terms of her probation for fourteen separate worthless check charges under Section 832.05(4)(a), Florida Statutes. We affirm on all issues raised since there is no apparent prejudice to the appellant.

However, in light of the obvious conflict which exists between the terms of the oral and written sentences, we note that several scrivener’s errors are apparent in the written sentences. Therefore, we hold that the trial court’s oral pronouncement of sentence, in which the appellant was sentenced to five consecutive five-year sentences, with nine sentences to run concurrently to sentence 89-966, is the proper sentence of record. We remand to the trial court to enter an amended written sentence conforming to the oral pronouncement.

AFFIRMED.

SHIVERS and WOLF, JJ., and CAWTHON, Senior Judge, concur.


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  • Vermon T. Donald v. State, 613 So. 2d 935 (Fla. 1st DCA 1993)
    …in accordance with the provisions of F.S. 775.084.” It is a settled rule of law that the written judgment and sentence must conform to the trial court’s oral pronouncement. Larry v. State, 590 So. 2d 1125 (Fla. 1st DCA 1992); Frederickson v. State, 585 So. 2d 506 (Fla. 1st DCA 1991). Moreover, when a cause is remanded for resentenc-ing, the trial court is not authorized to impose a sentence that does not comport with the remand instructions. Larry v. State, 576 So. 2d 1346 (Fla. 1st DCA 1991). The sentencin…

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