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Graham v. State

District Court of Appeal of Florida, First District
Jun 13, 1996
680 So. 2d 535 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-3338.

June 13, 1996.

An appeal from Circuit Court for Duval County. John Southwood, Judge.

Louis O. Frost, Jr., Public Defender; Ward L. Metzger, Assistant Public Defender, for Appellant.

Robert A. Butterworth, Attorney General; Douglas Gurnic, Assistant Attorney General, for Appellee.


This cause is remanded for correction of the restitution order to reflect the amount of restitution orally pronounced. See Trueblood v. State, 635 So.2d 1024, 1025 (Fla. 1st DCA 1994) ("It is well-settled that the oral pronouncement of a sentence prevails over the written judgment and sentence form."). See also R.S. v. State, 664 So.2d 1113 (Fla. 2d DCA 1995) (remanding for correction of restitution order to reflect amount orally pronounced at sentencing). The trial court orally imposed restitution of $200. Apparently due to a scrivener's error, the written order imposes a restitution amount of $2,000.

MINER, ALLEN and LAWRENCE, JJ., concur.


Summaries of

Graham v. State

District Court of Appeal of Florida, First District
Jun 13, 1996
680 So. 2d 535 (Fla. Dist. Ct. App. 1996)
Case details for

Graham v. State

Case Details

Full title:ROY GRAHAM, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 13, 1996

Citations

680 So. 2d 535 (Fla. Dist. Ct. App. 1996)