Legal Opinion

Aquino v. State

District Court of Appeal of Florida

Decided October 20, 1995No. 95-1181PublishedCited by 2 opinions

1Per curiam

In this Anders appeal,1 we find on the face of the record that there is a discrepancy between the oral pronouncement and the written sentence. In the context of the entire plea and sentencing hearing, it appears that the discrepancy is the result of a scrivener’s error. Accordingly, we remand for the trial court to resolve the discrepancy between the oral pronouncement and the written order. Higginbotham v. State, 659 So.2d 461; Marchand v. State, 546 So.2d 1184 (Fla. 5th DCA 1989); Wilkins v. State, 543 So.2d 800 (Fla. 5th DCA), rev. denied, *425554 So.2d 1170 (Fla.1989). In all other…

2Cases cited4 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Wilkins v. StateDistrict Court of Appeal of Florida · 1989
  3. Marchand v. StateDistrict Court of Appeal of Florida · 1989
  4. Higginbotham v. StateDistrict Court of Appeal of Florida · 1995

3Cited by2 opinions

  1. Fletcher v. StateDistrict Court of Appeal of Florida · 1997
  2. Hall v. StateDistrict Court of Appeal of Florida · 1996

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