Florida District Courts of Appeal, 1987

Dawkins v. State

Dawkins v. State
Florida District Courts of Appeal · Decided January 28, 1987 · Campbell, Hall, Sanderlin
501 So. 2d 188; 12 Fla. L. Weekly 413; 1987 Fla. App. LEXIS 6534 (Southern Reporter, Second Series)

Dawkins v. State

Opinion of the Court

PER CURIAM.

At the sentencing hearing Gerald Daw-kins was orally adjudicated guilty of armed trespass and aggravated battery in accordance with his pleas; however, the final judgment filed the same day recites that Dawkins is guilty of armed burglary and aggravated battery. The written judgment must not vary from the court's oral pronouncement. Durick v. State, 476 So.2d 317 (Fla. 2d DCA 1985).

Accordingly, we remand this cause to the trial court for correction of the error. The judgment and sentence are affirmed in all other respects.

CAMPBELL, A.C.J., and HALL and SANDERLIN, JJ., concur.

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