Opinion
Case No. 1D99-4099.
Opinion filed December 12, 2000.
An appeal from the Circuit Court for Franklin County. J. Lewis Hall, Jr., Judge.
James C. Banks, Special Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Karla D. Ellis, Assistant Attorney General, Tallahassee, for Appellee.
We affirm appellant's judgment and sentences, except for that portion of the written sentence that does not conform with the trial court's oral pronouncement. The court orally pronounced a sentence of five years on the grand theft count and imposed a sentence of eleven years, nine months in the written sentence.
We remand this case with instructions for the written sentence to be conformed to the court's oral pronouncement. See Frost v. State, 25 Fla. L. Weekly D2256 (Fla. 1st DCA Sep. 21, 2000) ("Where there is a discrepancy between the oral pronouncement and the written sentence, we should remand for the trial court to conform the written sentence to the oral pronouncement."). As noted in Frost, appellant need not be present for the correction of the sentence upon remand. The judgment of conviction and sentences are otherwise affirmed.
BOOTH, LAWRENCE and DAVIS, JJ., CONCUR.