Summary
affirming defendant's legal sentence as reflected in the written judgment even though the oral pronouncement imposed an illegal sentence
Summary of this case from Sotolongo v. StateOpinion
No. 95-1382.
May 1, 1996. Rehearing and/or Clarification Denied June 3, 1996.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge, L.T. Case No. 92-21045 CF10.
Richard L. Jorandby, Public Defender, and Mallorye G. Cunningham, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.
The oral pronouncement of seven years' probation for a first-degree misdemeanor is an illegal sentence. However, the written judgment reflects a probationary sentence of one year, which is a legal sentence. Appellant clearly undertook this appeal out of concern for the rule in Kord v. State, 508 So.2d 758 (Fla. 4th DCA 1987). This rule is inapplicable where, as here, the oral sentence is illegal. We therefore disregard the illegal oral sentence on the first degree misdemeanor conviction, and affirm appellant's sentence as reflected in the written judgment of guilt.
GLICKSTEIN, STONE and GROSS, JJ., concur.