Florida District Courts of Appeal, 1998

A.S. v. State

Florida District Courts of Appeal · Decided April 17, 1998 · Altenbernd, Frank, Fulmer

714 So. 2d 1038; 1998 Fla. App. LEXIS 4203 (Southern Reporter, Second Series)

Cases that cite this one

7 later published cases cite this decision.

Plourde v. State (Fla. Dist. Ct. App. 2008)
RSM v. State (Fla. Dist. Ct. App. 2005)
R.S.M. v. State (Fla. Dist. Ct. App. 2005)
Van Royal v. State (Fla. Dist. Ct. App. 2000)
Ricks v. State (Fla. Dist. Ct. App. 1999)
Silva v. State (Fla. Dist. Ct. App. 1999)
As v. State (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

FRANK, Acting Chief Judge.

We affirm A.S.’s adjudication of delinquen: cy. We remand this ease, however, for correction of the sentence. Although the trial court orally pronounced that A.S.’s sentences for Counts I and II would be served concurrently, the written commitment order provides that the sentences are to run consecutively. ‘When there is a difference between a court’s oral pronouncement and a written *1039order, the oral pronouncement controls.” D.F. v. State, 650 So.2d 1097, 1098 (Fla. 2d DCA 1995). Accordingly, we remand for correction of the written order to conform to the oral pronouncement that the sentences are to run concurrently.

Remanded with instructions.

ALTENBERND and FULMER, JJ„ concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.