Florida District Courts of Appeal, 1997

Davis v. State

Florida District Courts of Appeal · Decided July 30, 1997 · Danahy, Frank, Threadgill

697 So. 2d 935; 1997 Fla. App. LEXIS 8596; 1997 WL 423089 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Golz v. State (Fla. Dist. Ct. App. 1998)

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Opinion of the Court

FRANK, Judge.

We affirm the denial of Troy Vinson Davis’s motion to withdraw his plea. He has raised a sentencing issue which does have merit. The trial court sentenced Davis to three years’ imprisonment followed by two years’ probation. All of the written documents, however, indicate a four-year prison term. The written documents must conform to the pronouncement at the sentencing hearing. Wilcox v. State, 674 So.2d 191 (Fla. 2d DCA 1996). In this case, however, a three-year term falls below the guidelines permitted range, but it is apparent from the transcript that this was an inadvertent departure. Thus, on remand, the trial court can impose either a sentence within the guidelines or a departure sentence with valid written reasons. State v. Betancourt, 552 So.2d 1107 (Fla. 1989).

Conviction affirmed; sentence reversed; remanded for resentencing.

DANAHY, A.C.J., and THREADGILL, J., concur.

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