¶1We affirm as to all issues except the issue of appellant’s conviction and sentence for armed home invasion robbery, which was contrary to the trial court’s oral pronouncement of judgment and sentence. See Tannihill v. State, 559 So.2d 608 (Fla. 4th DCA 1990). We therefore reverse appellant’s conviction and vacate his sentence as to count I, armed home invasion robbery. However, remand for resentencing is unnecessary as appellant’s sentencing guidelines scoresheet reflects that the armed home invasion robbery count was not scored in calculating his sentence as to the other counts. See Duncan v. State, 503 So.2d 443 (Fla. 2d DCA 1987).
680 So. 2d 633
Fairclough v. State
District Court of Appeal of Florida
Decided October 16, 1996
District Court of Appeal of Florida · decided 1996-10-16
Cited by 1 later decisions — most recently April 1997
1 state decisions
Relies on 559 So. 2d 608 - Tannihill v. State · 503 So. 2d 443 - Duncan v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1996-10-16
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