Dawkins v. State

District Court of Appeal of Florida

Dawkins v. State

501 So. 2d 188, 12 Fla. L. Weekly 413, 1987 Fla. App. LEXIS 6534

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 1987

DocketNo. 86-2089

StatusPublished

This text of 501 So. 2d 188 (Dawkins 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

Dawkins v. State, 501 So. 2d 188, 12 Fla. L. Weekly 413, 1987 Fla. App. LEXIS 6534 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

At the sentencing hearing Gerald Daw-kins was orally adjudicated guilty of armed trespass and aggravated battery in accordance with his pleas; however, the final judgment filed the same day recites that Dawkins is guilty of armed burglary and aggravated battery. The written judgment must not vary from the court's oral pronouncement. Durick v. State, 476 So.2d 317 (Fla. 2d DCA 1985).

Accordingly, we remand this cause to the trial court for correction of the error. The judgment and sentence are affirmed in all other respects.

CAMPBELL, A.C.J., and HALL and SANDERLIN, JJ., concur.

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PER CURIAM.

At the sentencing hearing Gerald Daw-kins was orally adjudicated guilty of armed trespass and aggravated battery in accordance with his pleas; however, the final judgment filed the same day recites that Dawkins is guilty of armed burglary and aggravated battery. The written judgment must not vary from the court's oral pronouncement. Durick v. State, 476 So.2d 317 (Fla. 2d DCA 1985).

Accordingly, we remand this cause to the trial court for correction of the error. The judgment and sentence are affirmed in all other respects.

CAMPBELL, A.C.J., and HALL and SANDERLIN, JJ., concur.

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Bluebook (online)

501 So. 2d 188, 12 Fla. L. Weekly 413, 1987 Fla. App. LEXIS 6534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dawkins-v-state-fladistctapp-1987.