Florida District Courts of Appeal, 1990

Keyton v. State

Keyton v. State
Florida District Courts of Appeal · Decided September 27, 1990 · Cobb, Griffin, Sharp
566 So. 2d 952; 1990 Fla. App. LEXIS 7311; 1990 WL 139633 (Southern Reporter, Second Series)

Keyton v. State

Opinion of the Court

GRIFFIN, Judge.

This is the appeal of a judgment and sentence at variance with the oral pronouncement. At sentencing, the trial judge noted that aggravated assault with a firearm was a third degree felony, and imposed a five year term of incarceration. The written judgment erroneously reclassified aggravated assault with a firearm as a second degree felony, and the written sentence directed that defendant be imprisoned for a term of 15 years. See Pinkerton v. State, 534 So.2d 425 (Fla. 5th DCA 1988). The state agrees the case should be remanded so the lower tribunal may enter a written judgment and sentence that conform to the oral pronouncement.

REVERSED and REMANDED.

COBB and SHARP, JJ., concur.

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