Summary
holding that where the written judgment and sentence do not conform to the oral pronouncement, on remand, the State may attempt to establish that the error was caused by the court reporter
Summary of this case from Enchautegui v. StateOpinion
No. 87-02862.
August 18, 1989.
Appeal from the Circuit Court for Hillsborough County; James D. Arnold, Acting Circuit Judge.
James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.
We affirm appellant's convictions and sentences for sexual battery, robbery and grand theft, as well as his conviction for armed burglary. In so doing we reject appellant's argument that the trial court, denying appellant's motion for new trial, applied an incorrect standard of review. See, e.g., Uprevert v. State, 507 So.2d 162 (Fla. 3d DCA 1987).
Appellant also argues that the written judgment and sentence forms entered in connection with the armed burglary conviction do not conform to the trial court's oral pronouncement of sentence, and thus should be corrected. Jones v. State, 533 So.2d 796 (Fla. 2d DCA 1988). We agree. The state concedes that a discrepancy exists but suggests the error most likely originates in the court reporter's transcript of the sentencing hearing. Accordingly, our decision is without prejudice to the state to attempt to establish this fact at resentencing.
Affirmed in part, reversed in part, and remanded with instructions.
CAMPBELL, C.J., and SCHEB and SCHOONOVER, JJ., concur.