Glenn v. State, 85-2185
| Decision Date | 24 July 1987 |
| Docket Number | No. 85-2185,85-2185 |
| Citation | 12 Fla. L. Weekly 1801,512 So.2d 223 |
| Parties | 12 Fla. L. Weekly 1801 Roosevelt GLENN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Hillsborough County; M. William Graybill, Judge.
James Marion Moorman, Public Defender, and John T. Kilcrease, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellee.
Roosevelt Glenn appeals the order revoking his probation in Case No. 82-3687 and the sentence resulting from the order of revocation. He also appeals the judgment and sentence in Case No. 84-14027.
We have considered each of the points raised by the appellant. Upon examining the record, we find that the court erred on August 12, 1985, by increasing the sentence in count II of Case No. 82-3687 from five to seven years. See Katz v. State, 335 So.2d 608 (Fla. 2d DCA 1976). We therefore vacate the sentence on count II in that case and remand for reduction of the sentence to five years. The judgments and sentences in both cases are otherwise affirmed.
We also note that the written order of revocation of probation in Case No. 82-3687 does not comport with the court's oral pronouncement of May 23, 1985. See Sampson v. State, 375 So.2d 325 (Fla. 2d DCA 1979). On remand the trial court is instructed to correct the written order to conform with the court's oral pronouncement of May 23, 1985.
Affirmed in part and remanded in part.
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State v. Glenn
...for trafficking in, and delivery of, both cocaine and heroin. The district court affirmed the convictions and sentences. Glenn v. State, 512 So.2d 223 (Fla. 2d DCA 1987), cert. denied, 484 U.S. 1068, 108 S.Ct. 1034, 98 L.Ed.2d 998 (1988). In a motion for postconviction relief, Glenn alleged......
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...with Harris and adhere to this court's opinion in Kraus. Reversed and remanded. RYDER, A.C.J., and LEHAN, J., concur. 1 Glenn v. State, 512 So.2d 223 (Fla. 2d DCA 1987), cert. denied, 484 U.S. 1068, 108 S.Ct. 1034, 98 L.Ed.2d 998 (1988).2 This court has applied the double jeopardy rationale......
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