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480 So. 2d 206

480 So.2d 206

11 Fla.L.Weekly 39

Docket No. 84-2216.

Hinkle v. State

James Earl HINKLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 20, 1985.

District Court of Appeal of Florida · decided 1985-12-20

Cited by 4 later decisions — most recently June 1999

4 state decisions

Relies on 445 So. 2d 407 - Jackson v. State · 475 So. 2d 308 - AR v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-12-20

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¶1*207 J. Marion Moorman, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Clearwater, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Defendant James Earl Hinkle was convicted of first degree murder of one victim, attempted first degree murder of another, and armed burglary. We find no merit to his argument on appeal; however, we remand for correction of an error in the written sentencing order.

¶5At the sentencing hearing, the trial judge stated that the sentences for attempted first degree murder and armed burglary were to be served concurrent with each other, but consecutive to the sentence for first degree murder. Yet, the written order reflects that all of the sentences are to be served concurrently.

¶6A court's written order of judgment and sentence must not vary from its oral pronouncement. Therefore, we remand this case to the trial court for correction of the written sentences. A.R. v. State, 475 So.2d 308 (Fla. 2d DCA 1985); Jackson v. State, 445 So.2d 407 (Fla. 2d DCA 1984). Otherwise, we affirm the defendant's convictions and sentences.

¶7SCHEB, A.C.J., and DANAHY and CAMPBELL, JJ., concur.

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