Legal Opinion

Reyes v. State

District Court of Appeal of Florida

Decided December 18, 1996No. 95-3578Published

1Per curiam

As the state properly concedes, the written order of probation revocation and the sentence entered in the case do not comport with the oral pronouncement of sentence made at the time of the probation revocation hearing. Therefore, the case must be remanded to the trial court for the correction of the written orders on revocation and sentencing.

Further, the imposition of a sentence of years to run consecutively to a life sentence is a departure sentence pursuant to Robinson v. State, 520 So.2d 1 (Fla.1988); Cleveland v. State, 673 So.2d 983 (Fla. 4th DCA 1996) which requires written reasons.…

2Cases cited3 opinions

  1. State v. BetancourtSupreme Court of Florida · 1989
  2. Robinson v. StateSupreme Court of Florida · 1988
  3. Cleveland v. StateDistrict Court of Appeal of Florida · 1996

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