Dawson v. State

971 So. 2d 991, 2008 WL 45635
CourtDistrict Court of Appeal of Florida
DecidedJanuary 4, 2008
Docket5D07-968
StatusPublished

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Bluebook
Dawson v. State, 971 So. 2d 991, 2008 WL 45635 (Fla. Ct. App. 2008).

Opinion

971 So.2d 991 (2008)

Karon Dawarren DAWSON, Appellant,
v.
STATE of Florida, Appellee.

No. 5D07-968.

District Court of Appeal of Florida, Fifth District.

January 4, 2008.

*992 James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

MONACO, J.

Because the written sentence rendered by the trial court with respect to count IV does not conform to the oral pronouncement, we reverse the sentence as to that count and remand to the trial court for entry of a written sentence that is consistent to that announced orally. See Ashley v. State, 850 So.2d 1265, 1268 (Fla.2003). The appellant's presence is not required for the correction indicated because the requirements of the trial court are ministerial only. See McGough v. State, 876 So.2d 26 (Fla. 1st DCA 2004). Except as indicated, the remainder of the judgment and sentence is affirmed.

AFFIRMED in part, REVERSED in part, and REMANDED.

PLEUS and EVANDER, JJ., concur.

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Related

McGough v. State
876 So. 2d 26 (District Court of Appeal of Florida, 2004)
Ashley v. State
850 So. 2d 1265 (Supreme Court of Florida, 2003)
Quarterman v. State
971 So. 2d 991 (District Court of Appeal of Florida, 2008)

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Bluebook (online)
971 So. 2d 991, 2008 WL 45635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dawson-v-state-fladistctapp-2008.