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Ivey v. State

District Court of Appeal of Florida, First District
Jun 18, 1996
675 So. 2d 233 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-4492.

June 18, 1996.

An appeal from Circuit Court for Baker County; Joseph Williams, Judge.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Mark C. Menser, Assistant Attorney General, Tallahassee, for Appellee.


We affirm the appellant's convictions for sale and possession of cocaine. But we vacate the appellant's sentence of one year in jail followed by two years probation, and we remand for correction of the sentence. The sentencing transcript unequivocally reveals that the judge orally sentenced the appellant to a two-year probationary term with one year in jail as a condition of probation. Upon remand, the written sentence should be conformed to the judge's oral pronouncement. See Fajardo v. State, 658 So.2d 1233 (Fla. 1st DCA 1995).

ALLEN, WEBSTER and MICKLE, JJ., concur.


Summaries of

Ivey v. State

District Court of Appeal of Florida, First District
Jun 18, 1996
675 So. 2d 233 (Fla. Dist. Ct. App. 1996)
Case details for

Ivey v. State

Case Details

Full title:ANTHONY RICHARD IVEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 18, 1996

Citations

675 So. 2d 233 (Fla. Dist. Ct. App. 1996)

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