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Jessie v. State

District Court of Appeal of Florida, Fifth District
May 2, 1997
692 So. 2d 317 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-3220

Opinion filed May 2, 1997

Appeal from the Circuit Court for Orange County, Florida Jay Paul Cohen, Judge.

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

No Appearance for Appellee.


In this appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), our review of the record has disclosed no reversible error. However, a discrepancy exists between the oral pronouncement and two of the written sentences. Thus, we affirm but remand for the trial court to resolve the discrepancy.

At sentencing, the trial court orally pronounced concurrent sentences of 14-years on count I and 5 years each for counts II, III and IV. On the other hand, the written sentences reflect that appellant received 14-years on counts I, II and III, and 5 years on count IV. It is impossible to determine from the record which disposition was actually intended, or whether, in fact, the written sentences are necessarily erroneous. Accordingly, under these circumstances we remand for the trial court to resolve the discrepancy between the oral pronouncement and the written sentences. See, e.g., Wilkins v. State, 543 So.2d 800 (Fla. 5th DCA), review denied, 554 So.2d 1170 (Fla. 1989).

AFFIRMED and REMANDED.

COBB, GRIFFIN and THOMPSON, JJ., concur.


Summaries of

Jessie v. State

District Court of Appeal of Florida, Fifth District
May 2, 1997
692 So. 2d 317 (Fla. Dist. Ct. App. 1997)
Case details for

Jessie v. State

Case Details

Full title:NATHAN L. JESSIE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 2, 1997

Citations

692 So. 2d 317 (Fla. Dist. Ct. App. 1997)