Opinion
No. 89-2603.
September 27, 1990.
Appeal from the Circuit Court for St. Johns County; Richard G. Weinberg, Judge.
James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellee.
This is the appeal of a judgment and sentence at variance with the oral pronouncement. At sentencing, the trial judge noted that aggravated assault with a firearm was a third degree felony, and imposed a five year term of incarceration. The written judgment erroneously reclassified aggravated assault with a firearm as a second degree felony, and the written sentence directed that defendant be imprisoned for a term of 15 years. See Pinkerton v. State, 534 So.2d 425 (Fla. 5th DCA 1988). The state agrees the case should be remanded so the lower tribunal may enter a written judgment and sentence that conform to the oral pronouncement.
REVERSED and REMANDED.
COBB and SHARP, JJ., concur.