Anthony v. State

District Court of Appeal of Florida

Anthony v. State

705 So. 2d 131, 1998 Fla. App. LEXIS 623, 1998 WL 27547

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 1998

DocketNo. 96-2291

StatusPublished

Cited by1 cases

This text of 705 So. 2d 131 (Anthony v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Anthony v. State, 705 So. 2d 131, 1998 Fla. App. LEXIS 623, 1998 WL 27547 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We affirm the judgment of conviction but remand the case to correct the discrepancy [132]*132between the oral and written pronouncements of sentence. At the sentencing hearing, the trial judge stated that he was sentencing appellant to fifteen years “concurrent to the sentence he’s already serving.” The last page of the written sentence indicates that the sentence as to count IV is to be served consecutively to the sentences previously imposed. The court’s oral pronouncements at the sentencing hearing prevail over the written sentencing form. See Gibbs v. State, 693 So.2d 65 (Fla. 4th DCA 1997); Thomas v. State, 595 So.2d 287 (Fla. 4th DCA 1992).

GUNTHER and GROSS, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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PER CURIAM.

We affirm the judgment of conviction but remand the case to correct the discrepancy [132]*132between the oral and written pronouncements of sentence. At the sentencing hearing, the trial judge stated that he was sentencing appellant to fifteen years “concurrent to the sentence he’s already serving.” The last page of the written sentence indicates that the sentence as to count IV is to be served consecutively to the sentences previously imposed. The court’s oral pronouncements at the sentencing hearing prevail over the written sentencing form. See Gibbs v. State, 693 So.2d 65 (Fla. 4th DCA 1997); Thomas v. State, 595 So.2d 287 (Fla. 4th DCA 1992).

GUNTHER and GROSS, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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705 So. 2d 131, 1998 Fla. App. LEXIS 623, 1998 WL 27547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-v-state-fladistctapp-1998.

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