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533 So. 2d 327

533 So.2d 327

13 Fla.L.Weekly 2491

Fitch v. State

District Court of Appeal of Florida

Decided November 15, 1988

District Court of Appeal of Florida · decided 1988-11-15

Cited by 2 later decisions — most recently August 1989

2 state decisions

Relies on 444 So. 2d 947 - Jenkins v. State · 519 So. 2d 618 - Mays v. State · Lewis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-11-15

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PER CURIAM.

¶1Appellant was sentenced on three offenses. On the armed robbery charge, in his oral pronouncement, the trial judge imposed a sentence of 5½ years imprisonment (with the three-year mandatory minimum) followed by 5 years probation. But the written sentence reflects a sentence of 10½ years imprisonment, however after serving a period of 5V2 years, the balance of such sentence to be suspended and the appellant to be placed on probation for a period of 5 years. The written sentence is reversed and the case remanded for correction of that sentence to conform to the court’s oral pronouncement. Bivins v. State, 454 So.2d *328723 (Fia. 1st DCA 1984); Lewis v. State, 528 So.2d 142 (Fia. 1st DCA 1988).

¶2We also reverse the imposition of costs under Sections 27.3455, 960.20 and 943.-25(4), Florida Statutes (1987), and remand for further proceedings at which the defendant shall be given notice and an opportunity to be heard. Jenkins v. State, 444 So.2d 947 (Fla.1984); Mays v. State, 519 So.2d 618 (Fla.1988); Carter v. State, 513 So.2d 782 (Fla. 1st DCA 1987).

¶3In all other respects, we affirm.

¶4AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.

SMITH, C.J., and MILLS and NIMMONS, JJ., concur.
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