From Casetext: Smarter Legal Research

Whitehead v. State

District Court of Appeal of Florida, Fourth District
Jun 29, 2005
904 So. 2d 656 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D04-796.

June 29, 2005.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Fred Berman, Judge; L.T. Case No. 02-21489 CF10A.

Carey Haughwout, Public Defender, and Dea Abramschmitt, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.


Garry Whitehead appeals his sentence for burglary of a dwelling, contending that the written judgment of sentence did not conform to the court's oral pronouncement. We agree. The court orally pronounced a sentence of 21.150 months of imprisonment. The written judgment provided for a sentence of 22 months. We therefore reverse and remand for correction of the written judgment to conform to the oral pronouncement. Rackins v. State, 851 So.2d 292, 292 (Fla. 4th DCA 2003).

WARNER, KLEIN and TAYLOR, JJ., concur.


Summaries of

Whitehead v. State

District Court of Appeal of Florida, Fourth District
Jun 29, 2005
904 So. 2d 656 (Fla. Dist. Ct. App. 2005)
Case details for

Whitehead v. State

Case Details

Full title:Garry WHITEHEAD, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 29, 2005

Citations

904 So. 2d 656 (Fla. Dist. Ct. App. 2005)