Mason v. State, 96-4533
| Decision Date | 09 April 1998 |
| Docket Number | No. 96-4533,96-4533 |
| Citation | 710 So.2d 82 |
| Parties | 23 Fla. L. Weekly D944 Martha Ann MASON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.
In this direct criminal appeal, the public defender has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and appellant has filed a brief on her own behalf. Appellant entered a plea of nolo contendere to four counts, the first three involving third degree felonies and the fourth involving a second degree misdemeanor. We have reviewed the record and affirm the judgment as well as the departure sentence imposed by the circuit court.
Nevertheless, as the public defender asserts, the circuit court orally sentenced appellant to a term of five years' imprisonment on Count I, a consecutive term of five years' probation on Count II, and a consecutive term of five years' probation on Count III. Thus, the court intended to sentence appellant to five years in prison, followed by ten years of probation. The record reveals, however, that the circuit court's written order imposes five years' imprisonment for Count I as well as five years' probation for Count I, five years' probation for Count II, and nothing for Count III. The sentence on Count I exceeds the five-year term of imprisonment authorized by law, section 775.082(3)(d), Florida Statutes (1995), and therefore constitutes fundamental error. See Davis v. State, 661 So.2d 1193, 1196 (Fla.1995) ( ); State v. Hewitt, 702 So.2d 633, 635 (Fla. 1st DCA 1997) (); Sanders v. State, 698 So.2d 377, 378 (Fla. 1st DCA 1997) (); Moore v. State, 623 So.2d 795, 797 (Fla. 1st DCA 1993) ().
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