Opinion
Case No. 97-751.
Opinion filed March 18, 1998.
An appeal from the Circuit Court for Duval County. Hugh A. Carithers, Judge.
Nancy A. Daniels, Public Defender; Carl S. McGinnes, Assistant Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Attorney General; Stephen R. White, Assistant Attorney General, Tallahassee, for appellee.
We find no merit in appellant's arguments challenging his conviction. Appellant's argument that the trial court erred in not conforming the written judgment of conviction and sentence to the oral pronouncement of sentence was not properly preserved for appeal. See Davis v. State, 23 Fla. L. Weekly D31 (Fla. 1st DCA Dec. 18, 1997). We, therefore, affirm.
We do not accept the state's concession as to this issue since the failure to preserve this issue for appeal appears clearly on the record.
BARFIELD, C.J., WOLF and LAWRENCE, JJ., concur.