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Dawkins v. State

District Court of Appeal of Florida, Second District
Jan 28, 1987
501 So. 2d 188 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-2089.

January 28, 1987.

Appeal from the Circuit Court, Polk County, Edward F. Threadgill, Jr., J.

James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


At the sentencing hearing Gerald Dawkins was orally adjudicated guilty of armed trespass and aggravated battery in accordance with his pleas; however, the final judgment filed the same day recites that Dawkins is guilty of armed burglary and aggravated battery. The written judgment must not vary from the court's oral pronouncement. Durick v. State, 476 So.2d 317 (Fla. 2d DCA 1985).

Accordingly, we remand this cause to the trial court for correction of the error. The judgment and sentence are affirmed in all other respects.

CAMPBELL, A.C.J., and HALL and SANDERLIN, JJ., concur.


Summaries of

Dawkins v. State

District Court of Appeal of Florida, Second District
Jan 28, 1987
501 So. 2d 188 (Fla. Dist. Ct. App. 1987)
Case details for

Dawkins v. State

Case Details

Full title:GERALD DAWKINS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 28, 1987

Citations

501 So. 2d 188 (Fla. Dist. Ct. App. 1987)