Payne v. State
District Court of Appeal of Florida
1Opinion of the Court
WIGGINTON, Judge.
In this appeal of a sentence brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), appellate counsel points out two procedural errors regarding a discrepancy between the oral and written sentences. We agree that remand to the trial court is necessary to correct the written sentence to conform to the oral pronouncement by striking the 15-year probationary term imposed under Count I and transferring that probationary term to Count II, as well as to correct the heading on that latter sentencing form to indicate Count II. Appellant’s…
2Cases cited1 opinion
- Anders v. CaliforniaSupreme Court of the United States · 1967
3Cited by2 opinions
- Williams v. StateDistrict Court of Appeal of Florida · 1992
- Barger v. StateDistrict Court of Appeal of Florida · 1997