Legal Opinion

Primacio v. State

District Court of Appeal of Florida

Decided April 23, 1997No. 95-03522Published

1Opinion of the Court

CAMPBELL, Acting Chief Judge.

Appellant challenges his judgment and sentence following the revocation of his community control. Of the four issues raised, we find merit in only the first, that the written judgment fails to reflect the trial court’s oral pronouncement awarding appellant credit for the two years he had previously served for violation of probation on a lewd and lascivious act conviction. The state concedes that the written judgment fails to comport with the trial court’s oral pronouncement. Accordingly, we affirm appellant’s conviction and sentence, but remand to the trial court…

2Cases cited2 opinions

  1. Poore v. StateSupreme Court of Florida · 1988
  2. Perry v. StateDistrict Court of Appeal of Florida · 1994

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