Surratt v. State

Florida District Courts of Appeal
Surratt v. State, 605 So. 2d 177 (1992)
1992 Fla. App. LEXIS 10275; 1992 WL 251105
Cobb, Griffin, Peterson

Surratt v. State

Opinion of the Court

COBB, Judge.

We affirm appellant’s convictions and sentences but note that the Orders of Adjudication of Guilt are inconsistent with both the oral pronouncement and the written sentences and must be corrected. In Case No. 91-3743, appellant was sentenced to nine years incarceration followed by six years probation, the first thirty-six months of which shall be Drug Offender Probation, but the Order of Adjudication of Guilt reflects a sentence of nine years incarceration plus thirty-six months Drug Offender Probation followed by six years regular probation, for a total penalty of eighteen *178years for a second degree felony. Similarly, the oral and written sentence in Case No. 86-4773 indicate a sentence of nine years incarceration followed by fifteen years probation with the first thirty-six months to be Drug Offender Probation, but the Order of Adjudication of Guilt reflects nine years incarceration followed by thirty-six months Drug Offender Probation plus fifteen years regular probation. The judgment in Case No. 86-4773 also incorrectly lists the degree of crime as a second degree felony rather than a first degree felony and should be corrected.

AFFIRMED BUT REMANDED FOR CORRECTION OF CLERICAL ERRORS.

PETERSON and GRIFFIN, JJ„ concur.

Reference

Full Case Name
Donnell SURRATT v. STATE of Florida
Cited By
2 cases
Status
Published