Florida District Courts of Appeal, 1997

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided January 8, 1997 · Altenbernd, Quince, Threadgill
696 So. 2d 787; 1997 Fla. App. LEXIS 79; 1997 WL 5156 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

THREADGILL, Chief Judge.

Michael Smith appeals judgments and sentences for ten counts of lewd, lascivious or indecent acts upon a child, one count of forcing or enticing a child to commit a lewd, lascivious or indecent act, and one count of official misconduct. He raises six issues on appeal. We find merit only in his claim that the written sentence on count ninety-two should be corrected to conform to the trial court’s oral pronouncement. At sentencing, the trial court orally imposed a sentence of five years’ probation on count ninety-two. The written sentence, however, reflects a sentence of fifteen years’ probation. The state concedes error. We therefore remand for correction of the written sentence in count ninety-two. We affirm the judgments and sentences in all other respects.

Affirmed; remanded.

ALTENBERND and QUINCE, JJ., concur.

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