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Jackson v. State

District Court of Appeal of Florida, Second District
May 31, 1996
674 So. 2d 900 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-00843.

May 31, 1996.

Appeal from the Circuit Court for Pinellas County; W. Douglas Baird, Judge.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellant.

Garvin Jackson, pro se.

Robert A. Butterworth, Attorney General, Tallahassee; Robert J. Krauss, Senior Assistant Attorney General; and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


Garvin Jackson seeks clarification of his sentence, and alleges the sentencing documents are inconsistent with the trial court's oral pronouncement. According to the record, the trial court intended to impose concurrent sentences pursuant to a plea agreement. However, the "Concurrent/Consecutive" selection block on the sentencing form was left blank.

A trial court's written order on sentencing must be consistent with its oral pronouncement. Wright v. State, 600 So.2d 548 (Fla. 2d DCA 1992). When, as in this case, sentencing documents are inconsistent with the court's pronouncement, the defendant is entitled to have the documents corrected. Kirkland v. State, 633 So.2d 1138 (Fla. 2d DCA 1994).

Accordingly, we remand to the trial court to clarify appellant's sentence by conforming the written order to the oral pronouncement.

PARKER, A.C.J., and QUINCE and WHATLEY, JJ., concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Second District
May 31, 1996
674 So. 2d 900 (Fla. Dist. Ct. App. 1996)
Case details for

Jackson v. State

Case Details

Full title:GARVIN JACKSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 31, 1996

Citations

674 So. 2d 900 (Fla. Dist. Ct. App. 1996)

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