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Tory v. State

District Court of Appeal of Florida, Fourth District
Dec 24, 1980
391 So. 2d 743 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-1083.

December 24, 1980.

Appeal from Circuit Court, Indian River County; Royce R. Lewis, Judge.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for appellee.


Defendant appeals asserting his sentence was not in accord with his negotiated plea. The record clearly shows that the plea was to a maximum of three years in prison. The sentence stated orally in open court was two years in prison followed by two years' probation, but the written judgment and sentence imposed a sentence of three years in prison followed by two years' probation.

In view of this inconsistency, the sentence is vacated and the matter is remanded for resentencing. Appellant contends he could not be sentenced to probation and prison for any combined term over three years. We do not rule on this issue as it was never presented to the trial court.

SENTENCE VACATED AND REMANDED FOR RESENTENCING.

DOWNEY and BERANEK, JJ., and RUTTER, ROBERT WILLIAM, Jr., Associate Judge, concur.


Summaries of

Tory v. State

District Court of Appeal of Florida, Fourth District
Dec 24, 1980
391 So. 2d 743 (Fla. Dist. Ct. App. 1980)
Case details for

Tory v. State

Case Details

Full title:ANTHONY CLAUDE TORY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 24, 1980

Citations

391 So. 2d 743 (Fla. Dist. Ct. App. 1980)

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