¶1The oral pronouncement of seven years’ probation for a first-degree misdemeanor is an illegal sentence. However, the written judgment reflects a probationary sentence of one year, which is a legal sentence. Appellant clearly -undertook this appeal out of concern for the rule in Kord v. State, 508 So.2d 758 (Fla. 4th DCA 1987). This rule is inapplicable where, as here, the oral sentence is illegal. We therefore disregard the illegal oral sentence on the first degree misdemean- or conviction, and affirm appellant’s sentence as reflected in the written judgment of guilt.
673 So. 2d 530
Patton v. State
District Court of Appeal of Florida
Decided May 1, 1996
District Court of Appeal of Florida · decided 1996-05-01
Cited by 1 later decisions — most recently September 2008
1 state decisions
Relies on 508 So. 2d 758 - Kord v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1996-05-01
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