Ferguson v. State

Full title: GORDON FERGUSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Jun 28, 1989

545 So. 2d 505 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1754.

June 28, 1989.

An Appeal from the Circuit Court for Alachua County; Stan A. Morris, Judge.

Michael R. Buchanan, Law Offices of Silverman Wilkov, Gainesville, for appellant.

Robert A. Butterworth, Atty. Gen., Richard E. Doran, Asst. Atty. Gen., and Gypsy Bailey, Certified Legal Intern, for appellee.

ERVIN, Judge.

Appellant appeals his written sentence, which varies from that pronounced in open court. We remand for the purpose of correcting the written sentence to conform to the oral sentence, because the oral pronouncement controls. Timmons v. State, 453 So.2d 143, 144 (Fla. 1st DCA 1984).

REVERSED and REMANDED.

SHIVERS and JOANOS, JJ., concur.