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Anthony v. State

District Court of Appeal of Florida, Fourth District
Jan 28, 1998
705 So. 2d 131 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 96-2291

Opinion filed January 28, 1998 JANUARY TERM 1998

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; M. Daniel Futch, Jr., Judge; L.T. Case No. 94-4767CF10A.

Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.


We affirm the judgment of conviction but remand the case to correct the discrepancy between the oral and written pronouncements of sentence. At the sentencing hearing, the trial judge stated that he was sentencing appellant to fifteen years "concurrent to the sentence he's already serving." The last page of the written sentence indicates that the sentence as to count IV is to be served consecutively to the sentences previously imposed. The court's oral pronouncements at the sentencing hearing prevail over the written sentencing form. See Gibbs v. State, 693 So.2d 65 (Fla. 4th DCA 1997); Thomas v. State, 595 So.2d 287 (Fla. 4th DCA 1992).

GUNTHER, GROSS, JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.


Summaries of

Anthony v. State

District Court of Appeal of Florida, Fourth District
Jan 28, 1998
705 So. 2d 131 (Fla. Dist. Ct. App. 1998)
Case details for

Anthony v. State

Case Details

Full title:JAMES GREGORY ANTHONY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 28, 1998

Citations

705 So. 2d 131 (Fla. Dist. Ct. App. 1998)

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