Keyton v. State

District Court of Appeal of Florida

Keyton v. State

566 So. 2d 952, 1990 Fla. App. LEXIS 7311, 1990 WL 139633

CourtDistrict Court of Appeal of Florida

DecidedSeptember 27, 1990

DocketNo. 89-2603

StatusPublished

This text of 566 So. 2d 952 (Keyton 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

Keyton v. State, 566 So. 2d 952, 1990 Fla. App. LEXIS 7311, 1990 WL 139633 (Fla. Ct. App. 1990).

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Opinion

GRIFFIN, Judge.

This is the appeal of a judgment and sentence at variance with the oral pronouncement. At sentencing, the trial judge noted that aggravated assault with a firearm was a third degree felony, and imposed a five year term of incarceration. The written judgment erroneously reclassified aggravated assault with a firearm as a second degree felony, and the written sentence directed that defendant be imprisoned for a term of 15 years. See Pinkerton v. State, 534 So.2d 425 (Fla. 5th DCA 1988). The state agrees the case should be remanded so the lower tribunal may enter a written judgment and sentence that conform to the oral pronouncement.

REVERSED and REMANDED.

COBB and SHARP, JJ., concur.

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GRIFFIN, Judge.

This is the appeal of a judgment and sentence at variance with the oral pronouncement. At sentencing, the trial judge noted that aggravated assault with a firearm was a third degree felony, and imposed a five year term of incarceration. The written judgment erroneously reclassified aggravated assault with a firearm as a second degree felony, and the written sentence directed that defendant be imprisoned for a term of 15 years. See Pinkerton v. State, 534 So.2d 425 (Fla. 5th DCA 1988). The state agrees the case should be remanded so the lower tribunal may enter a written judgment and sentence that conform to the oral pronouncement.

REVERSED and REMANDED.

COBB and SHARP, JJ., concur.

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Bluebook (online)

566 So. 2d 952, 1990 Fla. App. LEXIS 7311, 1990 WL 139633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keyton-v-state-fladistctapp-1990.

Opinion

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