Payne v. State, 594 So. 2d 870 (Fla. 1st DCA 1992). · Go Syfert
Payne v. State, 594 So. 2d 870 (Fla. 1st DCA 1992). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Retrieving the full opinion text from the archive…
Andre PAYNE
v.
STATE of Florida
No. 91-1503.
District Court of Appeal of Florida, First District.
Mar 16, 1992.
594 So. 2d 870
Nancy A. Daniels, Public Defender, Carl S. McGinnis, Asst. Public Defender, Tallahassee, for appellant., Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Asst. Atty. Gen., Tallahassee, for appellee.
Barfield, Shivers, Wigginton.
Cited by 2 opinions  |  Published
WIGGINTON, Judge.

In this appeal of a sentence brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), appellate counsel points out two procedural errors regarding a discrepancy between the oral and written sentences. We agree that remand to the trial court is necessary to correct the written sentence to conform to the oral pronouncement by striking the 15-year probationary term imposed under Count I and transferring that probationary term to Count II, as well as to correct the heading on that latter sentencing form to indicate Count II. Appellant’s sentence is otherwise affirmed.

SHIVERS and BARFIELD, JJ., concur.