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Lockhart v. State

District Court of Appeal of Florida, First District
Mar 1, 1995
651 So. 2d 225 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-3333.

March 1, 1995.

Appeal from the Circuit Court, Bay County, Clinton Foster, J.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and William J. Bakstran, Asst. Atty. Gen., Tallahassee, for appellee.


Appellant, Roger Lockhart, appeals the trial court's sentencing disposition following the revocation of appellant's probation. Specifically, appellant contends the trial court erred in failing to conform the written sentencing documents to reflect that portion of the court's oral pronouncement at the sentencing proceeding, awarding appellant credit for prison time served before imposition of the subject sentences. We agree.

Accordingly, this cause is reversed and remanded for correction of the written sentencing documents to reflect the orally pronounced award of prison credit. Appellant need not be present for this procedure. Davis v. State, 387 So.2d 490, 491 (Fla. 1st DCA 1980).

ERVIN, JOANOS and WOLF, JJ., concur.


Summaries of

Lockhart v. State

District Court of Appeal of Florida, First District
Mar 1, 1995
651 So. 2d 225 (Fla. Dist. Ct. App. 1995)
Case details for

Lockhart v. State

Case Details

Full title:ROGER LEWIS LOCKHART, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 1, 1995

Citations

651 So. 2d 225 (Fla. Dist. Ct. App. 1995)