Massey v. State

District Court of Appeal of Florida

Massey v. State

680 So. 2d 635, 1996 Fla. App. LEXIS 10928, 1996 WL 590793

Procedural entryThis page is a short order in Massey v. State. Read the opinion of the Court — 648 So. 2d 785 →

District Court of Appeal of Florida·Decided October 16, 1996·No. No. 95-4162·Published

Opinion

PER CURIAM.

We affirm the sentence, finding no merit in appellant’s argument that the state violated its plea agreement. We remand, however, because although the trial court orally pronounced a sentence of 41 months and adjudicated appellant a youthful offender, the written sentence failed to reflect this oral pronouncement. The state concedes that remand is necessary to correct the written sentence.

AFFIRMED IN PART; REMANDED FOR CORRECTION OF WRITTEN SENTENCE.

WARNER, PARIENTE and STEVENSON, JJ., concur.

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PER CURIAM.

We affirm the sentence, finding no merit in appellant’s argument that the state violated its plea agreement. We remand, however, because although the trial court orally pronounced a sentence of 41 months and adjudicated appellant a youthful offender, the written sentence failed to reflect this oral pronouncement. The state concedes that remand is necessary to correct the written sentence.

AFFIRMED IN PART; REMANDED FOR CORRECTION OF WRITTEN SENTENCE.

WARNER, PARIENTE and STEVENSON, JJ., concur.

Massey v. State, 680 So. 2d 635, 1996 Fla. App. LEXIS 10928, 1996 WL 590793 (Fla. Ct. App. 1996).

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