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Lollis v. State

District Court of Appeal of Florida, Second District.
Jul 10, 2015
169 So. 3d 277 (Fla. Dist. Ct. App. 2015)

Summary

reversing a portion of the sentence and remanding for entry of an amended sentence consistent with the oral pronouncement

Summary of this case from Brown v. State

Opinion

No. 2D14–834.

07-10-2015

Letitia Nanette LOLLIS, Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


Howard L. Dimmig, II, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

Opinion

VILLANTI, Chief Judge.

Letitia Nanette Lollis appeals her convictions for aggravated battery with a deadly weapon, tampering with a witness, petit theft, uttering a forged instrument, and fraudulent use of personal information. We affirm her convictions without further discussion. However, Lollis argues and the State properly concedes that we must reverse her sentences for the uttering and fraudulent use charges because the trial court's oral pronouncement of sentence differs from the written sentencing documents. Specifically, the written sentencing documents do not include the qualifying conditions orally announced by the court that Lollis's prison sentences are to be suspended after three years in favor of two years' probation on the uttering and fraudulent use charges. A trial court's written sentence must conform to its oral pronouncement; when the two differ, that constitutes reversible error. See Rivera v. State, 34 So.3d 207, 208 (Fla. 2d DCA 2010). Accordingly, we reverse this portion of Lollis's sentence and remand for the trial court to enter an amended sentence consistent with its oral pronouncement.

Affirmed in part, reversed in part, and remanded.

KELLY and CRENSHAW, JJ., Concur.


Summaries of

Lollis v. State

District Court of Appeal of Florida, Second District.
Jul 10, 2015
169 So. 3d 277 (Fla. Dist. Ct. App. 2015)

reversing a portion of the sentence and remanding for entry of an amended sentence consistent with the oral pronouncement

Summary of this case from Brown v. State
Case details for

Lollis v. State

Case Details

Full title:Letitia Nanette LOLLIS, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Second District.

Date published: Jul 10, 2015

Citations

169 So. 3d 277 (Fla. Dist. Ct. App. 2015)

Citing Cases

Brown v. State

Based on the oral pronouncement, we reverse the inconsistent portion of the sentence and remand for entry of…