Florida District Courts of Appeal, 1998

Hill v. State

Florida District Courts of Appeal · Decided June 26, 1998 · Frank, Quince, Threadgill

712 So. 2d 463; 1998 Fla. App. LEXIS 7552; 1998 WL 336323 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

McDaniel v. State (Fla. Dist. Ct. App. 2000)

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Opinion of the Court

PER CURIAM.

Dale A. Hill entered guilty pleas to aggravated battery and petit theft. By way of an Anders1 appeal, Hill challenges his sentence for aggravated battery (count I) and petit theft (count II). The trial court orally pronounced a sentence of thirty-two months’ imprisonment for count I and time served for count II. However, the written sentence for count II indicates a prison term of thirty months,- consecutive to count I.

We, therefore, vacate Hill’s written sentence on count II and remand to the trial court to conform the written sentence to the oral pronouncement. See Willis v. State, 640 So.2d 220 (Fla. 2d DCA 1994).

FRANK, A.C.J., and THREADGILL and QUINCE, JJ., concur.

. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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