Opinion
Case No. 95-03448
Opinion filed July 30, 1997.
Appeal from the Circuit Court for Hillsborough County; Susan Sexton, Judge.
James Marion Moorman, Public Defender and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
We affirm the denial of Troy Vinson Davis's motion to withdraw his plea. He has raised a sentencing issue which does have merit. The trial court sentenced Davis to three years' imprisonment followed by two years' probation. All of the written documents, however, indicate a four-year prison term. The written documents must conform to the pronouncement at the sentencing hearing. Wilcox v. State, 674 So.2d 191 (Fla. 2d DCA 1996). In this case, however, a three-year term falls below the guidelines permitted range, but it is apparent from the transcript that this was an inadvertent departure. Thus, on remand, the trial court can impose either a sentence within the guidelines or a departure sentence with valid written reasons. State v. Betancourt, 552 So.2d 1107 (Fla. 1989).
Conviction affirmed; sentence reversed; remanded for resentencing.
DANAHY, A.C.J., and THREADGILL, J., Concur.