Summary
noting that written sentence must be corrected to reflect trial court's unambiguous oral pronouncement
Summary of this case from McKeliver v. StateOpinion
No. 4D08-202.
October 1, 2008.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Robert Belanger, Judge; L.T. Case No. 432007CF000988A.
Carey Haughwout, Public Defender, and Barbara J. Wolfe, Assistant Public Defender, West Palm Beach, for appellant.
No appearance for appellee.
Although our independent review of the record has revealed an apparent scrivener's error in the written sentence, we grant appellate counsel's motion to withdraw filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
We reverse and remand, however, with directions for the trial court to correct the written sentence in lower court case number 432007CF988A. The trial court orally pronounced a nine-year term of imprisonment on Count Three, but the written sentence on this count reflects "nine months." Because the trial court's oral pronouncement is unambiguous, the written sentence must be corrected to reflect the oral pronouncement. Moreland v. State, 853 So.2d 574 (Fla. 4th DCA 2003).
We affirm the convictions and sentences on all other counts.
STONE, WARNER and KLEIN, JJ., concur.