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779 So. 2d 282

Docket No. 97-00474.

Mearns v. State

Chris MEARNS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 26, 1998.

District Court of Appeal of Florida · decided 1998-08-26

Cited by 6 later decisions — most recently June 2014

6 state decisions

Key passage — most relied on by later courts

“free to impose any sentence it may have originally imposed before placing him on probation.”

quoted by 1 later decision, including 927 So. 2d 1047 - Hill v. State

Relies on 629 So. 2d 174 - Williams v. State · 578 So. 2d 51 - Frazier v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-08-26

View the full empirical analysis of this case →

¶1James Marion Moorman, Public Defender, and Joanna B. Conner, Assistant Public Defender, Bartow, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Tonya R. Vickers, Assistant Attorney General, Tampa, for Appellee.

¶3*283 PER CURIAM.

¶4Chris Mearns appeals the denial of his motion to withdraw his guilty pleas to numerous violations of probation ranging from failure to make restitution payments, to narcotics possession. After his probation was revoked and he was resentenced, Mearns sought to withdraw his pleas, arguing he was unaware that the trial court could impose a split sentence of incarceration followed by probation. This is not a legal basis for allowing Mearns to withdraw his plea, since after revoking Mearns' probation the court was free to impose any sentence it may have originally imposed before placing him on probation. We affirm the denial of the motion to withdraw pleas. See § 948.06(1), Fla. Stat. (1987); Williams v. State,629 So.2d 174 (Fla. 2d DCA 1993).

¶5We remand, however, to correct an error in Mearns' written sentence in circuit court case no. 94-927F. The trial court orally pronounced a sentence of sixty months' imprisonment with credit for time served. The sentencing documents in that case reflect a sentence of 113.4 months and must be corrected to conform with the court's oral pronouncement. See Matthews v. State,578 So.2d 51 (Fla. 2d DCA 1991). All sentences imposed in the remaining cases are affirmed.

¶6BLUE, A.C.J., QUINCE and CASANUEVA, JJ., Concur.

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