Payne v. State

District Court of Appeal of Florida

Payne v. State

594 So. 2d 870, 1992 Fla. App. LEXIS 2485, 1992 WL 48382

CourtDistrict Court of Appeal of Florida

DecidedMarch 16, 1992

DocketNo. 91-1503

StatusPublished

Cited by2 cases

This text of 594 So. 2d 870 (Payne 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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Payne v. State, 594 So. 2d 870, 1992 Fla. App. LEXIS 2485, 1992 WL 48382 (Fla. Ct. App. 1992).

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Opinion

WIGGINTON, Judge.

In this appeal of a sentence brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), appellate counsel points out two procedural errors regarding a discrepancy between the oral and written sentences. We agree that remand to the trial court is necessary to correct the written sentence to conform to the oral pronouncement by striking the 15-year probationary term imposed under Count I and transferring that probationary term to Count II, as well as to correct the heading on that latter sentencing form to indicate Count II. Appellant’s sentence is otherwise affirmed.

SHIVERS and BARFIELD, JJ., concur.

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WIGGINTON, Judge.

In this appeal of a sentence brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), appellate counsel points out two procedural errors regarding a discrepancy between the oral and written sentences. We agree that remand to the trial court is necessary to correct the written sentence to conform to the oral pronouncement by striking the 15-year probationary term imposed under Count I and transferring that probationary term to Count II, as well as to correct the heading on that latter sentencing form to indicate Count II. Appellant’s sentence is otherwise affirmed.

SHIVERS and BARFIELD, JJ., concur.

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594 So. 2d 870, 1992 Fla. App. LEXIS 2485, 1992 WL 48382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-state-fladistctapp-1992.

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