Davis v. State

697 So. 2d 935, 1997 Fla. App. LEXIS 8596, 1997 WL 423089

Opinion

FRANK, Judge.

We affirm the denial of Troy Vinson Davis’s motion to withdraw his plea. He has raised a sentencing issue which does have merit. The trial court sentenced Davis to three years’ imprisonment followed by two years’ probation. All of the written documents, however, indicate a four-year prison term. The written documents must conform to the pronouncement at the sentencing hearing. Wilcox v. State, 674 So.2d 191 (Fla. 2d DCA 1996). In this case, however, a three-year term falls below the guidelines permitted range, but it is apparent from the transcript that this was an inadvertent departure. Thus, on remand, the trial court can impose either a sentence within the guidelines or a departure sentence with valid written reasons. State v. Betancourt, 552 So.2d 1107 (Fla.1989).

Conviction affirmed; sentence reversed; remanded for resentencing.

DANAHY, A.C.J., and THREADGILL, J., concur.