A.S. v. State

Full title: A.S., a child, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Apr 17, 1998

714 So. 2d 1038 (Fla. Dist. Ct. App. 1998)

Opinion

No. 96-03763

April 17, 1998.

Appeal from the Circuit Court for Pinellas County; Frank Quesada, Judge.

James Marion Moorman, Public Defender, Bartow and Frank D.L. Winstead, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Michael J. Scionti, Assistant Attorney General, Tampa, for Appellee.

FRANK, Acting Chief Judge.

We affirm A.S.'s adjudication of delinquency. We remand this case, however, for correction of the sentence. Although the trial court orally pronounced that A.S.'s sentences for Counts I and II would be served concurrently, the written commitment order provides that the sentences are to run consecutively. "When there is a difference between a court's oral pronouncement and a written order, the oral pronouncement controls." D.F. v. State, 650 So.2d 1097, 1098 (Fla. 2d DCA 1995). Accordingly, we remand for correction of the written order to conform to the oral pronouncement that the sentences are to run concurrently.

Remanded with instructions.

ALTENBERND and FULMER, JJ., Concur.