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650 So. 2d 696

Docket No. 94-259.

Nodal v. State

Rigoberto NODAL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 22, 1995.

District Court of Appeal of Florida · decided 1995-02-22

Cited by 3 later decisions — most recently May 1998

3 state decisions

Key passage — most relied on by later courts

“conform to the trial court's oral pronouncement of sentence in open court,”

quoted by 1 later decision, including 682 So. 2d 631 - Williams v. State

Relies on 508 So. 2d 758 - Kord v. State · White v. State · Katzin v. Mansdorf

Good law ✅— No negative treatment on recordhow we know

Decided 1995-02-22

View the full empirical analysis of this case →

¶1Rigoberto Nodal, in pro. per.

¶2Robert A. Butterworth, Atty. Gen., and Mark Rosenblatt, Asst. Atty. Gen., for appellee.

¶3Before HUBBART, BASKIN and LEVY, JJ.

¶4PER CURIAM.

¶5This is an appeal by the defendant Rigoberto Nodal from judgments of conviction and sentences for trafficking in marijuana and conspiracy to traffic in marijuana entered after a negotiated plea. We find no merit in any of the points raised by the defendant on appeal, save one. We conclude that the trial court committed reversible error in entering a written sentence imposing a three-year mandatory minimum sentence on the defendant because it does not conform to the trial court's oral pronouncement of sentence in open court in which a three-year mandatory minimum sentence was not imposed. The law is clear that the written sentence entered in a criminal case must conform to the trial court's oral pronouncement of sentence in open court. See, e.g., White v. State,624 So.2d 811 (Fla. 3d DCA 1993); Urquiaga v. State,624 So.2d 810 (Fla. *697 3d DCA 1993); Kord v. State,508 So.2d 758 (Fla. 4th DCA 1987).

¶6The final judgment of convictions and sentences under review are affirmed, save for the imposition of the three-year mandatory minimum sentence imposed in this case, which sentence is hereby stricken.

¶7Affirmed as modified.

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