Florida District Courts of Appeal, 1992

Gulley v. State

Gulley v. State
Florida District Courts of Appeal · Decided August 13, 1992 · Barfield, Shivers, Wigginton
602 So. 2d 997; 1992 Fla. App. LEXIS 9171; 1992 WL 193015 (Southern Reporter, Second Series)

Gulley v. State

Opinion of the Court

WIGGINTON, Judge.

Gulley appeals his conviction and sentence imposed following the revocation of the probation he was serving in connection with a conviction for sale of cocaine. His counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After a thorough review of the record, we affirm Gulley’s judgment and sentence as imposed. However, counsel has directed our attention to a discrepancy between the trial court’s oral pronouncement at the revocation hearing, when it found Gulley not guilty of the violation alleged in Count II of the affidavit of violation of probation, and the court’s written order finding Gulley guilty on all three counts. Accordingly, we remand this cause to the court to correct the written order of revocation of probation to reflect guilt on Counts I and III only.

SHIVERS and BARFIELD, JJ., concur.

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