Home/District Court of Appeal of Florida/Avery v. State

Avery v. State

543 So. 2d 296, 1989 WL 41187
CourtDistrict Court of Appeal of Florida
DecidedApril 27, 1989
Docket88-95
StatusPublished
Cited by13 cases

This text of 543 So. 2d 296 (Avery 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.

Bluebook
Avery v. State, 543 So. 2d 296, 1989 WL 41187 (Fla. Ct. App. 1989).

Opinion

543 So.2d 296 (1989)

James AVERY, Appellant,
v.
STATE of Florida, Appellee.

No. 88-95.

District Court of Appeal of Florida, Fifth District.

April 27, 1989.
Rehearing Denied May 22, 1989.

James Avery, Lowell, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Appellant's convictions are affirmed. The State concedes, however, that the two five year terms of probation imposed at sentencing on two of the four counts were intended by the trial court to be served *297 concurrently, as orally pronounced at the sentencing hearing, rather than consecutively as reflected in the written orders, and that the written orders thus reflect a clerical error. An oral pronouncement at sentencing is controlling when a clerical error causes the written order to be inconsistent with the oral pronouncement. See Venuti v. State, 437 So.2d 238 (Fla. 5th DCA 1983). We therefore remand the written probation orders to the trial court with directions that they be corrected to reflect that they run concurrently, in accordance with the oral pronouncement.

Judgments AFFIRMED. Probation orders REMANDED for correction.

COBB and COWART, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ellis v. State
816 So. 2d 759 (District Court of Appeal of Florida, 2002)
L.G. v. State
702 So. 2d 1337 (District Court of Appeal of Florida, 1997)
Miller v. State
744 So. 2d 460 (District Court of Appeal of Florida, 1997)
Gibbs v. State
693 So. 2d 65 (District Court of Appeal of Florida, 1997)
Robinson v. State
689 So. 2d 1147 (District Court of Appeal of Florida, 1997)
Jackson v. State
685 So. 2d 1386 (District Court of Appeal of Florida, 1997)
Mosely v. State
659 So. 2d 1342 (District Court of Appeal of Florida, 1995)
Major v. State
652 So. 2d 513 (District Court of Appeal of Florida, 1995)
Edwards v. State
639 So. 2d 107 (District Court of Appeal of Florida, 1994)
Long v. State
627 So. 2d 609 (District Court of Appeal of Florida, 1993)
Anderson v. State
616 So. 2d 200 (District Court of Appeal of Florida, 1993)
Harmon v. State
599 So. 2d 754 (District Court of Appeal of Florida, 1992)
Tetro v. State
581 So. 2d 1009 (District Court of Appeal of Florida, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
543 So. 2d 296, 1989 WL 41187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avery-v-state-fladistctapp-1989.