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Matthews v. State

District Court of Appeal of Florida, Second District
Nov 17, 2010
48 So. 3d 915 (Fla. Dist. Ct. App. 2010)

Opinion

No. 2D09-3405.

November 17, 2010.

Appeal from the Circuit Court for Hillsborough County; Denise A. Pomponio, Judge.

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee.


Jerry Matthews was placed on probation after pleading guilty in two criminal cases. Subsequently affidavits of violation of probation were filed in both cases. Matthews admitted his violations. The court orally imposed a term of 41.25 months' imprisonment in each case and ordered the terms to run concurrently. We affirm the court's decision to revoke Matthews's probations and the sentences it imposed. But we remand with directions to correct the orders of revocation. In each case the order states that the term of imprisonment imposed is 44.25 months. The orders must be corrected to conform to the court's oral pronouncement of sentences and the written sentencing documents, both of which reflect terms of 41.25 months' imprisonment. Matthews need not be present for these corrections.

Affirmed, remanded for correction of probation orders.

CASANUEVA, C.J., and NORTHCUTT and LaROSE, JJ., Concur.


Summaries of

Matthews v. State

District Court of Appeal of Florida, Second District
Nov 17, 2010
48 So. 3d 915 (Fla. Dist. Ct. App. 2010)
Case details for

Matthews v. State

Case Details

Full title:Jerry Wayne MATTHEWS, Jr., Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Nov 17, 2010

Citations

48 So. 3d 915 (Fla. Dist. Ct. App. 2010)

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