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Valcin v. State

District Court of Appeal of Florida, Third District
May 17, 2000
760 So. 2d 231 (Fla. Dist. Ct. App. 2000)

Opinion

No. 99-3095.

Opinion filed May 17, 2000.

An appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Stanford Blake, Judge, L.T. No. 95-859.

Jacques Valcin, in proper person.

Robert A. Butterworth, Attorney General and Steven R. Berger, Assistant Attorney General, for appellee.

Before GODERICH, GREEN, and SORONDO, JJ.


We affirm the lower court's denial of the appellant's 3.800 motion. We, however, remand this case for correction of a scrivener's error on count III of the appellant's sentencing sheet. See Ricks v. State, 725 So.2d 1205, 1206 (Fla. 2d DCA 1999). At the sentencing hearing, the trial court orally pronounced that the appellant was being sentenced as a habitual violent offender on count III. The sentencing sheet, however, does not reflect that he was so sentenced. Accordingly, this error must be corrected on remand. A written order must conform to the trial court's oral pronouncements. See Sconiers v. State, 734 So.2d 427, 427 (Fla. 3d DCA 1999).

Affirmed and remanded with directions.


Summaries of

Valcin v. State

District Court of Appeal of Florida, Third District
May 17, 2000
760 So. 2d 231 (Fla. Dist. Ct. App. 2000)
Case details for

Valcin v. State

Case Details

Full title:JACQUES VALCIN, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 17, 2000

Citations

760 So. 2d 231 (Fla. Dist. Ct. App. 2000)