462 So. 2d 115 - Bogan v. State

How this case has been cited

Cited by 12 later decisions — most recently August 2002

12 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 Marion Moorman, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and James H. Dysart, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4We affirm the revocation of appellant's probation in case numbers 82-7926-A and 82-10378-A, having found the evidence sufficient to support the trial court's determination that appellant committed both of the probation violations alleged. We agree with appellant's assertion, however, that the court's written order sentencing appellant to three and one-half years concurrent imprisonment on each count departs from its oral pronouncement imposing a three-year concurrent sentence on each count. Because the written judgment and sentence must not vary from the oral pronouncement, Alphonse v. State,430 So.2d 538 (Fla. 2d DCA 1983), we remand this case to the trial court with directions to conform the written sentence with its oral pronouncement.

¶5Affirmed and remanded with directions.

¶6OTT, A.C.J., FRANK, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.