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764 So. 2d 573

764 So.2d 573

25 Fla.L.WeeklySupp. 598

Greenwood v. State

Supreme Court of Florida

Decided July 13, 2000

Supreme Court of Florida · decided 2000-07-13

Relies on 760 So. 2d 89 - Maddox v. State · 405 So. 2d 418 - Jollie v. State · 715 So. 2d 960 - Hyden v. State

Decided 2000-07-13

PER CURIAM.

¶1We have for review Greenwood v. State, 720 So.2d 548 (Fla. 4th DCA 1998), a decision of the Fourth District Court of Appeal citing as controlling authority its opinion in Hyden v. State, 715 So.2d 960 (Fla. 4th DCA 1998), approved in part, disapproved in part, 760 So.2d 89 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418, 420 (Fla.1981). The State concedes that a deviation from the oral pronouncement of sentence resulted in a written sentence that failed to give Greenwood credit for six months of jail time. For the reasons expressed in our opinion in Maddox v. State, 760 So.2d 89 (Fla.2000), we find that this is a fundamental error that can be corrected during the window period, quash the decision below and remand for further proceedings consistent with this opinion.

¶2It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
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