Legal Opinion

Simmons v. State

District Court of Appeal of Florida

Decided March 2, 1992No. 90-3764PublishedCited by 2 opinions

1Per curiam

We affirm appellant’s twelve convictions,1 but remand to the trial court for resentencing, due to numerous problems with the judgments and sentences entered of record.

The written judgment and sentence does not conform with the oral pronouncement of sentence. First, the written sentence incorrectly imposes fifteen years of probation for the forgery counts. Since the trial court only imposed a period of probation for the burglary count, the written sentence should be corrected.

*854Second, the record reflects that the trial court did not sentence appellant to a period of incarceration for the…

2Cases cited3 opinions

  1. Humphrey v. StateDistrict Court of Appeal of Florida · 1991
  2. Peterson v. StateDistrict Court of Appeal of Florida · 1991
  3. Mitchell v. StateDistrict Court of Appeal of Florida · 1992

3Cited by2 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 1992
  2. Taylor v. StateDistrict Court of Appeal of Florida · 1993

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