E.S.E. v. State

District Court of Appeal of Florida

E.S.E. v. State

627 So. 2d 626, 1993 Fla. App. LEXIS 12633, 1993 WL 535985

District Court of Appeal of Florida·Decided December 23, 1993·No. No. 93-364·Published·Cited by 1 cases

Opinion

COBB, Judge.

This appeal involves a written adjudication of guilt of resisting a police officer without violence. As the state concedes, that adjudication is in conflict with the trial court’s oral pronouncement of guilt of the offense of attempting to resist an officer without violence and the oral pronouncement should control.

Accordingly, the “Order At Trial” and commitment order are reversed and remanded with instructions to conform the written adjudication and commitment order to the oral pronouncement. See Wilkins v. State, 543 So.2d 800 (Fla. 5th DCA), rev. denied, 554 So.2d 1170 (Fla.1989).

REVERSED AND REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.

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COBB, Judge.

This appeal involves a written adjudication of guilt of resisting a police officer without violence. As the state concedes, that adjudication is in conflict with the trial court’s oral pronouncement of guilt of the offense of attempting to resist an officer without violence and the oral pronouncement should control.

Accordingly, the “Order At Trial” and commitment order are reversed and remanded with instructions to conform the written adjudication and commitment order to the oral pronouncement. See Wilkins v. State, 543 So.2d 800 (Fla. 5th DCA), rev. denied, 554 So.2d 1170 (Fla.1989).

REVERSED AND REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.

E.S.E. v. State, 627 So. 2d 626, 1993 Fla. App. LEXIS 12633, 1993 WL 535985 (Fla. Ct. App. 1993).

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Opinion

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