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538 So. 2d 553

538 So.2d 553

14 Fla.L.Weekly 535

Sullivan v. State

District Court of Appeal of Florida

Decided February 22, 1989

District Court of Appeal of Florida · decided 1989-02-22

Cited by 2 later decisions — most recently May 2003

2 state decisions

Relies on Robinson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-22

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SMITH, Chief Judge.

¶1Appellant appeals his written sentences which allegedly do not conform to the oral pronouncement of sentence by the court. The written plea agreement, the representations by counsel at the plea and sentencing hearings, and the equivocal oral pronouncement of sentence found in the sentencing transcript are apparently at odds with one another. However, this court is at a decided disadvantage in attempting to determine, in the first instance, just how and why the inconsistencies appearing in the record occurred. Accordingly, the case is remanded to the trial court to enter an order clarifying the sentences. See Robinson v. State, 407 So.2d 1038 (Fla. 1st DCA 1981). The state has conceded that the written judgment as to Count I of the indictment is in error and should be corrected.

¶2REVERSED and REMANDED for proceedings consistent with this opinion.

ERVIN and NIMMONS, JJ., concur.
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