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Benjamin v. State

District Court of Appeal of Florida, Second District
Mar 15, 2000
752 So. 2d 1262 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D98-1501.

Opinion filed March 15, 2000.

Appeal from the Circuit Court for Manatee County; Peter A. Dubensky, Judge.

Pierce J. Guard, Jr. of Pierce J. Guard, P.A., Lakeland, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


David Benjamin timely appeals the judgment adjudicating him guilty of aggravated child abuse (count I) and neglect of a child (count II) and the sentences of eight years of imprisonment, followed by two years of probation on count I and five years of imprisonment on count II.

We affirm the judgment and sentences but note the trial judge orally pronounced that the sentence for count II was to run concurrently with count I. The written sentence does not reflect this oral pronouncement. We therefore remand for correction of the written sentence to correspond with the oral pronouncement that the sentences are to run concurrently. See Venuti v. State, 437 So.2d 238 (Fla. 5th DCA 1983).

Affirmed in part; remanded in part.

FULMER, A.C.J., NORTHCUTT, J., Concur.


Summaries of

Benjamin v. State

District Court of Appeal of Florida, Second District
Mar 15, 2000
752 So. 2d 1262 (Fla. Dist. Ct. App. 2000)
Case details for

Benjamin v. State

Case Details

Full title:DAVID BENJAMIN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Mar 15, 2000

Citations

752 So. 2d 1262 (Fla. Dist. Ct. App. 2000)

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