Legal Opinion

Derrick D. Wilkerson v. State

District Court of Appeal of Florida

Decided July 14, 2014No. 5D13-4074Published

1Per curiam

We affirm on all issues but write to address a scrivener’s error in the written sentencing order.

The court orally pronounced that “as to Count-II, you’ll be sentenced to 25 years in the Florida Department of Corrections, 10 of which is a firearm mandatory/minimum-” In conflict with the oral pronouncement, the written sentence reflects that a twenty-year firearm mandatory minimum was imposed on Count II. 1 The written sentence should be corrected to conform to the oral pronouncement. Cros key v. State, 71 So.3d 199 (Fla. 5th DCA 2011) (remanding for correction of erroneous written sentencing…

2Cases cited2 opinions

  1. Croskey v. StateDistrict Court of Appeal of Florida · 2011
  2. Douglas v. StateDistrict Court of Appeal of Florida · 2014

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