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429 So. 2d 815

Docket No. 82-718.

Yates v. State

Donald YATES a/K/a Joseph Morgan, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1983-04-13

Relies on Gatti v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-04-13

How this case has been cited

Cited by 41 later decisions — most recently November 2014 · most notably 454 So. 2d 739 - Carter v. State (1984), 511 So. 2d 698 - Cobb v. State (1987)

40 state decisions

2801983199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Jerry Hill, Public Defender, and L.S. Alperstein, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Ann G. Paschall, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4After reviewing the briefs and record on appeal in this case, we find that the appellant has failed to demonstrate any reversible error, and therefore, the judgments and sentences appealed from are affirmed. However, at sentencing in open court, the court specifically retained jurisdiction over one-third of the sentence on count I of the information filed against the appellant but did not mention jurisdiction in connection with the sentences entered on counts II, III, IV, and V. The written judgments and sentences state that jurisdiction was retained on all counts.

¶5Since a court's written order of judgment and sentence must not vary from its oral pronouncement, Gatti v. State,324 So.2d 193 (Fla. 2d DCA 1975), retention of jurisdiction must be stricken from the judgments and sentences entered in connection with counts II, III, IV, and V.

¶6Accordingly, the cause is remanded to the trial court to allow correction of the apparent clerical errors hereinabove mentioned.

¶7The judgments and sentences are affirmed in all other respects.

¶8DANAHY, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.

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