Mondello v. State

District Court of Appeal of Florida

Mondello v. State

599 So. 2d 777, 1992 Fla. App. LEXIS 6988, 1992 WL 123333

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 1992

DocketNo. 91-2330

StatusPublished

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This text of 599 So. 2d 777 (Mondello 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.

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Mondello v. State, 599 So. 2d 777, 1992 Fla. App. LEXIS 6988, 1992 WL 123333 (Fla. Ct. App. 1992).

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Opinion

ERVIN, Judge.

We affirm appellant’s conviction for lewd and lascivious act upon a person less than 16 years of age. We reverse appellant's sentence, however, because the written sentence (two years of community control with the condition that he serve ten months in county jail) does not conform with the oral pronouncement (eight years of incarceration, execution of which was suspended, and in lieu thereof, two years of community control with the condition that he serve ten months in county jail). Appellant’s sentence is therefore remanded for correction of the written sentence. Timmons v. State, 453 So.2d 143 (Fla. 1st DCA 1984); Brown v. State, 599 So.2d 225 (Fla. 1st DCA 1992); Pyle v. State, 596 So.2d 744 (Fla. 1st DCA 1992).

The conviction is AFFIRMED; the sentence is REMANDED for correction.

WIGGINTON and KAHN, JJ., concur.'

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ERVIN, Judge.

We affirm appellant’s conviction for lewd and lascivious act upon a person less than 16 years of age. We reverse appellant's sentence, however, because the written sentence (two years of community control with the condition that he serve ten months in county jail) does not conform with the oral pronouncement (eight years of incarceration, execution of which was suspended, and in lieu thereof, two years of community control with the condition that he serve ten months in county jail). Appellant’s sentence is therefore remanded for correction of the written sentence. Timmons v. State, 453 So.2d 143 (Fla. 1st DCA 1984); Brown v. State, 599 So.2d 225 (Fla. 1st DCA 1992); Pyle v. State, 596 So.2d 744 (Fla. 1st DCA 1992).

The conviction is AFFIRMED; the sentence is REMANDED for correction.

WIGGINTON and KAHN, JJ., concur.'

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599 So. 2d 777, 1992 Fla. App. LEXIS 6988, 1992 WL 123333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mondello-v-state-fladistctapp-1992.

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