Payne v. State

District Court of Appeal of Florida

Payne v. State

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

District Court of Appeal of Florida·Decided March 16, 1992·No. No. 91-1503·Published·Cited by 2 cases

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.

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

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Opinion

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