Opinion
No. SC94142
Opinion filed July 13, 2000
Application for Review of the Decision of the District Court of Appeal — Direct Conflict, Fourth District — Case No. 4D97-2666, (St. Lucie County).
Richard L. Jorandy, Public Defender, and Anthony Calvello, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Petitioner.
Robert A. Butterworth, Attorney General, Celia Terenzio, Bureau Chief, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, Florida, for Respondent.
We have for review Greenwood v. State, 720 So.2d 548 (Fla. 4th DCA 1998), a decision of the Fourth District Court of Appeal citing as controlling authority its opinion in Hyden v. State, 715 So.2d 960 (Fla. 4th DCA 1998), approved in part, disapproved in part, 25 Fla. L. Weekly S367 (Fla. May 11, 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418, 420 (Fla. 1981). The State concedes that a deviation from the oral pronouncement of sentence resulted in a written sentence that failed to give Greenwood credit for six months of jail time. For the reasons expressed in our opinion in Maddox, we find that this is a fundamental error that can be corrected during the window period, quash the decision below and remand for further proceedings consistent with this opinion.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.