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566 So. 2d 952

Keyton v. State

District Court of Appeal of Florida

Decided September 27, 1990

District Court of Appeal of Florida · decided 1990-09-27

Relies on 534 So. 2d 425 - Pinkerton v. State

Decided 1990-09-27

GRIFFIN, Judge.

¶1This is the appeal of a judgment and sentence at variance with the oral pronouncement. At sentencing, the trial judge noted that aggravated assault with a firearm was a third degree felony, and imposed a five year term of incarceration. The written judgment erroneously reclassified aggravated assault with a firearm as a second degree felony, and the written sentence directed that defendant be imprisoned for a term of 15 years. See Pinkerton v. State, 534 So.2d 425 (Fla. 5th DCA 1988). The state agrees the case should be remanded so the lower tribunal may enter a written judgment and sentence that conform to the oral pronouncement.

¶2REVERSED and REMANDED.

COBB and SHARP, JJ., concur.
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