Opinion

Brown v. State

  • 11 Fla. L. Weekly 1445
  • 490 So. 2d 1031
  • 1986 Fla. App. LEXIS 8869
Court
District Court of Appeal of Florida
Filed
Jun 25, 1986
Status
Published
Author
Lehan
On the bench
Hall, Lehan, Scheb
Cited by
0 cases
Authority
More cited than 26.3%

The opinion

LEHAN, Judge.

Defendant appeals from his convictions for possession and delivery of cocaine and grand theft.

Citing Nesmith v. State, 374 So.2d 1139 (Fla. 2d DCA 1979), defendant argues that the trial court erred in failing to allow him to withdraw his guilty plea because his sentence was in excess of the sentence which was a part of his plea bargain. We disagree. Here, in contrast to Nesmith , it appears that a condition of the plea bargain to which defendant agreed was that he would appear at sentencing, which he did not do. See LaBaissiere v. State, 429 So.2d 96 (Fla. 2d DCA 1983).

Defendant also argues that while the trial court orally stated that defendant was to receive five years imprisonment on the grand theft charge, which is the legal maximum, the written sentence reflects a ten year sentence and that differing credits for time served were given in connection with concurrent sentences for the two offenses, citing Martin v. State, 452 So.2d 938 (Fla. 2d DCA 1984). The state concedes that at least clarification in those respects is appropriate. We agree with the state. We reverse and remand for the written sentence to be conformed to the oral pronouncement and to reflect the proper credit for time served on both concurrent sentences. See Yohn v. State, 461 So.2d 263 (Fla. 2d DCA 1984).

*1032 Affirmed in part, reversed in part and remanded for proceedings consistent herewith.

SCHEB, A.C.J., and HALL, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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