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Payne v. State

District Court of Appeal of Florida, First District
Mar 16, 1992
594 So. 2d 870 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1503.

March 16, 1992.

An Appeal from the Circuit Court for Washington County; Russell Cole, Judge.

Nancy A. Daniels, Public Defender, Carl S. McGinnis, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Asst. Atty. Gen., Tallahassee, for appellee.


In this appeal of a sentence brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), appellate counsel points out two procedural errors regarding a discrepancy between the oral and written sentences. We agree that remand to the trial court is necessary to correct the written sentence to conform to the oral pronouncement by striking the 15-year probationary term imposed under Count I and transferring that probationary term to Count II, as well as to correct the heading on that latter sentencing form to indicate Count II. Appellant's sentence is otherwise affirmed.

SHIVERS and BARFIELD, JJ., concur.


Summaries of

Payne v. State

District Court of Appeal of Florida, First District
Mar 16, 1992
594 So. 2d 870 (Fla. Dist. Ct. App. 1992)
Case details for

Payne v. State

Case Details

Full title:ANDRE PAYNE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 16, 1992

Citations

594 So. 2d 870 (Fla. Dist. Ct. App. 1992)

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