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Gibbs v. State

District Court of Appeal of Florida, Second District
Jun 30, 1982
415 So. 2d 911 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-2394.

June 30, 1982.

Appeal from Circuit Court for Pinellas County; Maynard F. Swanson, Judge.

Jerry Hill, Public Defender, Bartow, and Robert J. Krauss, Asst. Public Defender, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Ann G. Paschall, Asst. Atty. Gen., Tampa, for appellee.


Upon review of the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error; therefore, the revocation of appellant's probation is affirmed.

At the violation of probation hearing, the court orally sentenced the appellant to a period of imprisonment not to exceed three years. However, the written judgment and sentence fails to specify that appellant was sentenced to an indeterminate period of six months to three years imprisonment. See § 921.18, Florida Statutes (1981).

We REMAND for the purpose of conforming the written sentence with the court's oral pronouncement at sentencing; otherwise, AFFIRMED. Appellant need not be present for this purpose.

GRIMES, A.C.J., and DANAHY, J., concur.


Summaries of

Gibbs v. State

District Court of Appeal of Florida, Second District
Jun 30, 1982
415 So. 2d 911 (Fla. Dist. Ct. App. 1982)
Case details for

Gibbs v. State

Case Details

Full title:RONALD G. GIBBS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 30, 1982

Citations

415 So. 2d 911 (Fla. Dist. Ct. App. 1982)