Florida District Courts of Appeal, 1983

Diago v. State

Diago v. State
Florida District Courts of Appeal · Decided February 15, 1983 · Barkdull, Baskin, Daniel, Pearson
427 So. 2d 233; 1983 Fla. App. LEXIS 20253 (Southern Reporter, Second Series)

Diago v. State

Opinion of the Court

PER CURIAM.

The conviction under review and oral adjudication of guilt in a non-jury trial is hereby affirmed. The written adjudication being contrary to the oral finding of guilt, the adjudication and sentence are vacated and the matter returned to the trial court for readjudication and resentencing. See and compare: Perkins v. Mayo, 92 So.2d 641 (Fla. 1957); Paulk v. State, 376 So.2d 1213 (Fla. 3d DCA 1979).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.