Marchand v. State, 88-1911
| Decision Date | 03 August 1989 |
| Docket Number | No. 88-1911,88-1911 |
| Citation | 546 So.2d 1184,14 Fla. L. Weekly 1845 |
| Parties | 14 Fla. L. Weekly 1845 Reginald MARCHAND, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Putnam County; Robert R. Perry, Judge.
James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.
In this case the trial court's written order placing the appellant on fifteen years' probation for lewd and lascivious assault does not comport with its oral pronouncement of five years on probation. The state concedes that this cause must be remanded to the trial court for clarification.
This cause is remanded to the trial court for either correction or reaffirmation of the sentence. See Wilkins v. State, 543 So.2d 800 (Fla. 5th DCA 1989); cf. Venuti v. State, 437 So.2d 238 (Fla. 5th DCA 1983) ().
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...sentence where the state concedes that the latter was in error. Harden v. State, 557 So.2d 926 (Fla. 5th DCA 1990); Marchand v. State, 546 So.2d 1184 (Fla. 5th DCA 1989); Wilkins v. State, 543 So.2d 800 (Fla. 5th DCA), review denied, 554 So.2d 1170 (Fla.1989); Mott v. State, 489 So.2d 854 (......
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