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Smith v. State
See Gamble v. State, 643 So.2d 130 (Fla. 3d DCA 1994) (written sentencing order must conform to trial court’s oral pronouncement); White v. State, 624 So.2d 811 (Fla. 3d DCA 1993) (same).
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Eric Lamont GAMBLE
v.
The STATE of Florida
v.
The STATE of Florida
No. 94-868.
District Court of Appeal of Florida, Third District.
Oct 19, 1994.
Bennett H. Brummer, Public Defender, and Julie M. Levitt, Asst. Public Defender, for appellee., Robert A. Butterworth, Atty. Gen., for ap-pellee.
Baskin, Gersten, Jorgenson.
Cited by 1 opinion | Published
PER CURIAM.
Defendant appeals an order denying his 3.850 motion. We reverse the order and remand with directions to correct the defendant’s sentencing order to conform to the trial court’s oral pronouncement of sentence. The trial court clearly pronounced that defendant was not being sentenced as a youthful offender; however, on the sentencing sheet it appears that defendant is being sentenced as a youthful offender. This sentencing order must be conformed to the trial court’s oral pronouncement. White v. State, 624 So.2d 811 (Fla. 3d DCA 1993).
Reversed and remanded with directions.