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White v. State

District Court of Appeal of Florida, Third District
Sep 28, 1993
624 So. 2d 811 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-1727.

September 28, 1993.

Appeal from the Circuit Court, Dade County, David L. Tobin, J.

Tommy White, in pro. per.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.


CONFESSION OF ERROR


Tommy White appeals an order denying his motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Upon the State's confession of error, with which we entirely agree, the sentencing order must be corrected to conform to the trial court's oral pronouncement of sentence entered on May 27, 1987. At that time the trial court ordered that the sentence in the present case would run concurrent to any sentence imposed on his then pending parole violation. The sentencing order failed to so specify. Accordingly, we reverse the order entered pursuant to the Rule 3.800(a) motion, and remand with directions to amend the sentencing order nunc pro tunc to May 27, 1987, in accordance with the trial court's oral sentencing announcement contained in the sentencing transcript.

Reversed and remanded with directions.


Summaries of

White v. State

District Court of Appeal of Florida, Third District
Sep 28, 1993
624 So. 2d 811 (Fla. Dist. Ct. App. 1993)
Case details for

White v. State

Case Details

Full title:TOMMY WHITE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 28, 1993

Citations

624 So. 2d 811 (Fla. Dist. Ct. App. 1993)

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