Swanson v. State
Swanson v. State
Opinion of the Court
On a four count information, appellant was convicted of trespass to an occupied conveyance (count I), kidnapping (count II),
Appellant is correct in his contention that the sentence as orally pronounced by the trial court and the sentence as written and signed by the court, differ. Under the sentence as orally pronounced by the court the appellant could, at most, be required to serve ninety-one years in prison. But under the written sentence, the maximum term of imprisonment was 120 years.
Accordingly, we affirm the convictions but vacate the sentencing order. The case is remanded so that a corrected written order may be entered which conforms to the sentence as orally pronounced. See Sandstrom v. State, 390 So.2d 448 (Fla. 4th DCA 1980); Sampson v. State, 375 So.2d 325 (Fla. 2d DCA 1979).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.