Opinion
Case No. 95-03230
Opinion filed January 8, 1997. Rehearing Denied February 11, 1997.
Appeal from the Circuit Court for Sarasota County; Robert B. Bennett, Judge.
James Marion Motorman, Public Defender, Bartow, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.
Michael Smith appeals judgments and sentences for ten counts of lewd, lascivious or indecent acts upon a child, one count of forcing or enticing a child to commit a lewd, lascivious or indecent act, and one count of official misconduct. He raises six issues on appeal. We find merit only in his claim that the written sentence on count ninety-two should be corrected to conform to the trial court's oral pronouncement. At sentencing, the trial court orally imposed a sentence of five years' probation on count ninety-two. The written sentence, however, reflects a sentence of fifteen years' probation. The state concedes error. We therefore remand for correction of the written sentence in count ninety-two. We affirm the judgments and sentences in all other respects.
Affirmed; remanded.
ENBERND and QUINCE, JJ., Concur.