437 SO2D 238 - Venuti v. State

How this case has been cited

Cited by 16 later decisions — most recently October 2013

16 state decisions

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.

¶1James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3COBB, Judge.

¶4In this case the trial court, in imposing a three year sentence for the offense of possession of burglary tools, pronounced that the sentence was to be served concurrently with a prior sentence that appellant had received in Orange County. This intended provision, however, was not incorporated in the written judgment and sentence. The State concedes that oral pronouncements of sentence generally are controlling in such situations and that apparently a clerical error occurred in the instant case. See Landry v. State,414 So.2d 1086 (Fla. 5th DCA 1982) and Pelfrey v. State,409 So.2d 486 (Fla. 5th DCA 1982). The appellant's remaining point on appeal is without merit.

¶5The judgment below is affirmed and the cause is remanded for correction of the written sentence.

¶6AFFIRMED AND REMANDED.

¶7FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.