Mondello v. State

Florida District Courts of Appeal
Mondello v. State, 599 So. 2d 777 (1992)
1992 Fla. App. LEXIS 6988; 1992 WL 123333
Ervin, Kahn, Wigginton

Mondello v. State

Opinion of the Court

ERVIN, Judge.

We affirm appellant’s conviction for lewd and lascivious act upon a person less than 16 years of age. We reverse appellant's sentence, however, because the written sentence (two years of community control with the condition that he serve ten months in county jail) does not conform with the oral pronouncement (eight years of incarceration, execution of which was suspended, and in lieu thereof, two years of community control with the condition that he serve ten months in county jail). Appellant’s sentence is therefore remanded for correction of the written sentence. Timmons v. State, 453 So.2d 143 (Fla. 1st DCA 1984); Brown v. State, 599 So.2d 225 (Fla. 1st DCA 1992); Pyle v. State, 596 So.2d 744 (Fla. 1st DCA 1992).

The conviction is AFFIRMED; the sentence is REMANDED for correction.

WIGGINTON and KAHN, JJ., concur.'

Reference

Full Case Name
Gary Anthony MONDELLO v. STATE of Florida
Cited By
1 case
Status
Published