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Gamble v. State

District Court of Appeal of Florida, Third District
Oct 19, 1994
643 So. 2d 130 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-868.

October 19, 1994.

An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Bernard Shapiro, Judge.

Bennett H. Brummer, Public Defender, and Julie M. Levitt, Asst. Public Defender, for appellee.

Robert A. Butterworth, Atty. Gen., for appellee.

Before BASKIN, JORGENSON and GERSTEN, JJ.


Defendant appeals an order denying his 3.850 motion. We reverse the order and remand with directions to correct the defendant's sentencing order to conform to the trial court's oral pronouncement of sentence. The trial court clearly pronounced that defendant was not being sentenced as a youthful offender; however, on the sentencing sheet it appears that defendant is being sentenced as a youthful offender. This sentencing order must be conformed to the trial court's oral pronouncement. White v. State, 624 So.2d 811 (Fla. 3d DCA 1993).

Reversed and remanded with directions.


Summaries of

Gamble v. State

District Court of Appeal of Florida, Third District
Oct 19, 1994
643 So. 2d 130 (Fla. Dist. Ct. App. 1994)
Case details for

Gamble v. State

Case Details

Full title:ERIC LAMONT GAMBLE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 19, 1994

Citations

643 So. 2d 130 (Fla. Dist. Ct. App. 1994)

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