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Storman v. State

District Court of Appeal of Florida, Fifth District
Sep 17, 1993
623 So. 2d 869 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2612.

September 17, 1993.

Appeal from the Circuit Court for Citrus County; John P. Thurman, Judge.

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carmen F. Corrente, Asst. Atty. Gen., Daytona Beach, for appellee.


Anthony Storman appeals the judgment and sentence entered following his nolo contendere plea pursuant to his written plea agreement with the State. Our review of the record reveals discrepancies between the plea agreement, the oral pronouncements at the sentencing hearing, and the written judgment. All of these matters could and should have been directed to the trial court for clarification and correction, which would have eliminated the necessity for this appeal.

The appellant's convictions are affirmed. However, the sentences on Counts I, IV, and V are reversed and this cause is remanded for resentencing in accordance with the plea agreement.

AFFIRMED in part; REVERSED in part; REMANDED for resentencing.

GOSHORN, GRIFFIN and DIAMANTIS, JJ., concur.


Summaries of

Storman v. State

District Court of Appeal of Florida, Fifth District
Sep 17, 1993
623 So. 2d 869 (Fla. Dist. Ct. App. 1993)
Case details for

Storman v. State

Case Details

Full title:ANTHONY NEIL STORMAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 17, 1993

Citations

623 So. 2d 869 (Fla. Dist. Ct. App. 1993)