WILTS C. ALEXANDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1994-09-30
No. 94-695
GRIFFIN and DIAMANTIS, JJ., concur.
643 So. 2d 652 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 2 cases
Topics
First-Degree Misdemeanor Sentencing Error

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Opinion of the Court
COBB, Judge.

COBB, Judge.

The written sentencing orders in Circuit Court Case Nos. 93-6499 and 94-601 are vacated and the cause remanded for resentencing because: (1) as to Case No. 93-6499, the trial court sentenced the defendant on Count II to 4⅜ years imprisonment even though the count charges battery, a misdemeanor of the first degree punishable by a term of imprisonment not exceeding one year, section 775.082, Florida Statutes, and (2) the oral and written sentences differ with 1½ years probation being orally imposed in Case No. 94-601 but the written sentences reflecting the 1½ years probation was imposed in Case No. 93-6499.

On remand, the defendant may challenge reimposition of the costs of which he complains on this appeal. See Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994), Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994).

SENTENCING ORDERS VACATED; REMANDED FOR RESENTENCING.

GRIFFIN and DIAMANTIS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Haddock v. State, 671 So. 2d 304 (Fla. 5th DCA 1996)
    …ts I and V and not counts I and IV; that he was convicted by a jury and did not enter a guilty plea; and the correct probationary terms. Justice v. State, 658 So. 2d 1028 (Fla. 5th DCA), review granted, 666 So. 2d 143 (Fla.1995); Alexander v. State, 643 So. 2d 652 (Fla. 5th DCA 1994). The other points on appeal have no merit. Accordingly, we affirm the conviction but reverse the sentences and remand for resentencing. AFFIRM conviction; REVERSE sentence; REMAND for resentencing and correction of clerical err…
  • Gardner v. State, 670 So. 2d 1185 (Fla. 5th DCA 1996)
    …erved. However, the written sentence placed Gardner on two years community control. A written sentence that conflicts with an oral sentence must be remanded for resentencing. Justice v. State, 658 So. 2d 1028 (Fla. 5th DCA 1995); Alexander v. State, 643 So. 2d 652 (Fla. 5th DCA 1994). Accordingly, we affirm the conviction but reverse the sentence and remand for resen-tencing. AFFIRM conviction; REVERSE sentences; REMAND for resentencing. GOSHORN and GRIFFIN, JJ., concur. . §§ 775.082(3)(d), 777.04(4)(c) a…

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