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Smith v. State

District Court of Appeal of Florida, First District
Jul 6, 1983
433 So. 2d 21 (Fla. Dist. Ct. App. 1983)

Opinion

No. AR-427.

June 10, 1983. Rehearing Denied July 6, 1983.

Appeal from the Circuit Court for Escambia County, Ben Gordon, J.

Calvin Smith, pro se.

No appearance for appellee.


Smith appeals the denial of his Rule 3.850 motion for postconviction relief. We affirm.

Smith argues that the written judgments and sentences vary from the oral pronouncement by including mandatory minimums. The plea-taking transcript shows that the applicability of mandatory minimums was not disputed. The oversight in the formal pronouncement is not reversible error.

The court's further oversight in omitting the phrase, "the court adjudicates you guilty" in reference to one of the four counts was cured in the written judgment.

AFFIRMED.

BOOTH and SHIVERS, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, First District
Jul 6, 1983
433 So. 2d 21 (Fla. Dist. Ct. App. 1983)
Case details for

Smith v. State

Case Details

Full title:CALVIN SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jul 6, 1983

Citations

433 So. 2d 21 (Fla. Dist. Ct. App. 1983)