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742 So. 2d 508

Docket No. 98-00881.

Thomas v. State

Jerry THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 13, 1999.

District Court of Appeal of Florida · decided 1999-10-13

Cited by 1 later decisions — most recently March 2009

1 state decisions

Relies on Brammer v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-10-13

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¶1Jerry Thomas, Pro Se.

¶2Jeffrey Sullivan, Bartow, for Appellant.

¶3Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

¶4*509 PER CURIAM.

¶5Jerry Thomas appeals his convictions and sentence for possession and sale of cocaine. We determine that no reversible error occurred during his trial and affirm his convictions and sentence. We remand, however, to correct the written sentence to conform to the oral pronouncement.

¶6The trial court orally pronounced Thomas's sentence to be 36 months' incarceration on count I for possession of cocaine and 25 years' probation on count II for sale of cocaine, with the condition that Thomas spend the first 11½ years in state prison. The written sentence imposes 11½ years' state prison followed by 25 years' probation. "When there is a discrepancy between the written sentence and the oral pronouncement of sentence, the latter prevails." Brammer v. State,554 So.2d 671 (Fla. 2d DCA 1990). Therefore, we must remand the written sentence with directions that the trial court conform it to the oral pronouncement. See id. at 671.

¶7Affirmed and remanded only to correct the written sentence.

¶8BLUE, A.C.J., FULMER and DAVIS, JJ., Concur.

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