Primacio v. State

District Court of Appeal of Florida

Primacio v. State

692 So. 2d 965, 1997 Fla. App. LEXIS 4142, 1997 WL 194883

CourtDistrict Court of Appeal of Florida

DecidedApril 23, 1997

DocketNo. 95-03522

StatusPublished

This text of 692 So. 2d 965 (Primacio 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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Primacio v. State, 692 So. 2d 965, 1997 Fla. App. LEXIS 4142, 1997 WL 194883 (Fla. Ct. App. 1997).

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Opinion

CAMPBELL, Acting Chief Judge.

Appellant challenges his judgment and sentence following the revocation of his community control. Of the four issues raised, we find merit in only the first, that the written judgment fails to reflect the trial court’s oral pronouncement awarding appellant credit for the two years he had previously served for violation of probation on a lewd and lascivious act conviction. The state concedes that the written judgment fails to comport with the trial court’s oral pronouncement. Accordingly, we affirm appellant’s conviction and sentence, but remand to the trial court for correction of the order to award any jail time credit and gain time that appellant may be entitled to. See Poore v. State, 531 So.2d 161 (Fla.1988); Perry v. State, 639 So.2d 1090 (Fla. 2d DCA 1994).

FRANK and PARKER, JJ., concur.

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CAMPBELL, Acting Chief Judge.

Appellant challenges his judgment and sentence following the revocation of his community control. Of the four issues raised, we find merit in only the first, that the written judgment fails to reflect the trial court’s oral pronouncement awarding appellant credit for the two years he had previously served for violation of probation on a lewd and lascivious act conviction. The state concedes that the written judgment fails to comport with the trial court’s oral pronouncement. Accordingly, we affirm appellant’s conviction and sentence, but remand to the trial court for correction of the order to award any jail time credit and gain time that appellant may be entitled to. See Poore v. State, 531 So.2d 161 (Fla.1988); Perry v. State, 639 So.2d 1090 (Fla. 2d DCA 1994).

FRANK and PARKER, JJ., concur.

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692 So. 2d 965, 1997 Fla. App. LEXIS 4142, 1997 WL 194883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/primacio-v-state-fladistctapp-1997.

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