Florida District Courts of Appeal, 1992

Payne v. State

Florida District Courts of Appeal · Decided March 16, 1992 · Barfield, Shivers, Wigginton

594 So. 2d 870; 1992 Fla. App. LEXIS 2485; 1992 WL 48382 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Barger v. State (Fla. Dist. Ct. App. 1997)
Williams v. State (Fla. Dist. Ct. App. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

WIGGINTON, Judge.

In this appeal of a sentence brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), appellate counsel points out two procedural errors regarding a discrepancy between the oral and written sentences. We agree that remand to the trial court is necessary to correct the written sentence to conform to the oral pronouncement by striking the 15-year probationary term imposed under Count I and transferring that probationary term to Count II, as well as to correct the heading on that latter sentencing form to indicate Count II. Appellant’s sentence is otherwise affirmed.

SHIVERS and BARFIELD, JJ., concur.

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