Legal Opinion

Garvin v. State

District Court of Appeal of Florida

Decided October 11, 2006No. 1D05-5221Published

1Per curiam

In this case filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no preserved reversible error apparent from the face of the record. However, we note that in case number 05-268, the trial court orally pronounced a sentence of three years’ imprisonment to be followed by two years of probation, but the written sentence erroneously indicates that the incarcerative portion of the sentence is to be followed by five years of probation.1 Although the written sentence is wrong, this Court cannot direct the trial court to correct the error because the…

2Cases cited2 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Aument v. StateDistrict Court of Appeal of Florida · 2004

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