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Dawson v. State

District Court of Appeal of Florida, Fifth District
Jan 4, 2008
971 So. 2d 991 (Fla. Dist. Ct. App. 2008)

Opinion

No. 5D07-968.

January 4, 2008.

Appeal from the Circuit Court for Marion County, Hale R. Stancil, Judge.

James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Roller, Assistant Attorney General, Daytona Beach, for Appellee.


Because the written sentence rendered by the trial court with respect to count IV does not conform to the oral pronouncement, we reverse the sentence as to that count and remand to the trial court for entry of a written sentence that is consistent to that announced orally. See Ashley v. State, 850 So.2d 1265, 1268 (Fla. 2003). The appellant's presence is not required for the correction indicated because the requirements of the trial court are ministerial only. See McGough v. State, 876 So.2d 26 (Fla. 1st DCA 2004). Except as indicated, the remainder of the judgment and sentence is affirmed.

AFFIRMED in part, REVERSED in part, and REMANDED.

PLEUS and EVANDER, JJ., concur.


Summaries of

Dawson v. State

District Court of Appeal of Florida, Fifth District
Jan 4, 2008
971 So. 2d 991 (Fla. Dist. Ct. App. 2008)
Case details for

Dawson v. State

Case Details

Full title:Karon Dawarren DAWSON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 4, 2008

Citations

971 So. 2d 991 (Fla. Dist. Ct. App. 2008)