Bellesheim v. State

District Court of Appeal of Florida

Bellesheim v. State

513 So. 2d 765, 12 Fla. L. Weekly 2375, 1987 Fla. App. LEXIS 10565

CourtDistrict Court of Appeal of Florida

DecidedOctober 7, 1987

DocketNo. BO-349

StatusPublished

This text of 513 So. 2d 765 (Bellesheim 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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Bellesheim v. State, 513 So. 2d 765, 12 Fla. L. Weekly 2375, 1987 Fla. App. LEXIS 10565 (Fla. Ct. App. 1987).

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Opinion

SMITH, Chief Judge.

Appellant appeals contending the trial judge should have recused himself from the sentencing phase of the cause below and that the written judgment incorrectly reflects the sentence pronounced at the sentencing hearing. There is no error in the trial judge’s failure to recuse himself. State ex rel Shelton v. Sepe, 254 So.2d 12 (Fla. 3rd DCA, 1971). However, the written judgment does incorrectly reflect appellant’s probationary terms for counts VIII and IX. Accordingly, the cause is remanded to the trial court for the purpose of conforming the written judgment to the oral pronouncement of sentence. In all other respects, we affirm.

WENTWORTH and JOANOS, JJ., concur.

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SMITH, Chief Judge.

Appellant appeals contending the trial judge should have recused himself from the sentencing phase of the cause below and that the written judgment incorrectly reflects the sentence pronounced at the sentencing hearing. There is no error in the trial judge’s failure to recuse himself. State ex rel Shelton v. Sepe, 254 So.2d 12 (Fla. 3rd DCA, 1971). However, the written judgment does incorrectly reflect appellant’s probationary terms for counts VIII and IX. Accordingly, the cause is remanded to the trial court for the purpose of conforming the written judgment to the oral pronouncement of sentence. In all other respects, we affirm.

WENTWORTH and JOANOS, JJ., concur.

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513 So. 2d 765, 12 Fla. L. Weekly 2375, 1987 Fla. App. LEXIS 10565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellesheim-v-state-fladistctapp-1987.

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