Legal Opinion

Anderson v. State

District Court of Appeal of Florida

Decided October 22, 1993No. 92-00409Published

1Per curiam

Robert Anderson appeals his sentence, asserting that the trial court improperly imposed a three year minimum mandatory sen-*1139tenee. in its oral pronouncement of sentence. We agree that the court erred and remand for resentencing.

The state concedes there is no evidence that Anderson was in possession of a weapon during the commission of the offenses and agrees that the court’s oral pronouncement of the minimum mandatory sentence was improper. See State v. Rodriguez, 602 So.2d 1270 (Fla.1992).

The written sentence must comport with the oral pronouncement of the court. In most instances this court…

2Cases cited4 opinions

  1. State v. RodriguezSupreme Court of Florida · 1992
  2. Townsend v. StateDistrict Court of Appeal of Florida · 1992
  3. Bennett v. StateDistrict Court of Appeal of Florida · 1991
  4. Cobb v. StateDistrict Court of Appeal of Florida · 1990

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