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Aquino v. State

District Court of Appeal of Florida, Fifth District
Oct 20, 1995
661 So. 2d 424 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-1181.

October 20, 1995.

Appeal from the Circuit Court for Volusia County; Gayle Graziano, Judge.

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant.

No Appearance for Appellee.


In this Anders appeal, we find on the face of the record that there is a discrepancy between the oral pronouncement and the written sentence. In the context of the entire plea and sentencing hearing, it appears that the discrepancy is the result of a scrivener's error. Accordingly, we remand for the trial court to resolve the discrepancy between the oral pronouncement and the written order. Higginbotham v. State, 659 So.2d 461; Marchand v. State, 546 So.2d 1184 (Fla. 5th DCA 1989); Wilkins v. State, 543 So.2d 800 (Fla. 5th DCA), rev. denied, 554 So.2d 1170 (Fla. 1989). In all other respects, the convictions and sentences are affirmed.

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

AFFIRMED; REMANDED for correction of scrivener's error.

COBB, SHARP, W. and ANTOON, JJ., concur.


Summaries of

Aquino v. State

District Court of Appeal of Florida, Fifth District
Oct 20, 1995
661 So. 2d 424 (Fla. Dist. Ct. App. 1995)
Case details for

Aquino v. State

Case Details

Full title:RONALD V. AQUINO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 20, 1995

Citations

661 So. 2d 424 (Fla. Dist. Ct. App. 1995)

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Hall v. State

Thus, we remand this cause to the trial court to resolve this discrepancy. See Aquino v. State, 661 So.2d 424…