Benjamin v. State

District Court of Appeal of Florida

Benjamin v. State

752 So. 2d 1262, 2000 Fla. App. LEXIS 2710, 2000 WL 275232

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 2000

DocketNo. 2D98-1501

StatusPublished

Cited by1 cases

This text of 752 So. 2d 1262 (Benjamin 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

Benjamin v. State, 752 So. 2d 1262, 2000 Fla. App. LEXIS 2710, 2000 WL 275232 (Fla. Ct. App. 2000).

Pincite

Opinion

GREEN, Judge.

David Benjamin timely appeals the judgment adjudicating him guilty of aggravated child abuse (count I) and neglect of a child (count II) and the sentences of eight years of imprisonment, followed by two years of probation on count I and five years of imprisonment on count II.

We affirm the judgment and sentences but note the trial judge orally pronounced that the sentence for count II was to run concurrently with count I. The written sentence does not reflect this oral pronouncement. We therefore remand for correction of the written sentence to correspond with the oral pronouncement that the sentences are to run concurrently. See Venuti v. State, 437 So.2d 238 (Fla. 5th DCA 1983).

Affirmed in part; remanded in part.

FULMER, A.C.J., NORTHCUTT, J., Concur.

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