Brown v. StateBrown v. State
Appellee‘s motion to dismiss is denied, because an issue has been raised as to the legality of appellant‘s sentence in Bay County Circuit Court Case No. 89-2702, namely the inconsistency between the oral pronouncement and the written sentence. See Pyle v. State, 596 So.2d 744 (Fla. 1st DCA 1992).
Appellant‘s sentence in Case No. 89-2702 is vacated, because the written sentence (two and one-half years of incarceration followed by two and one-half years of probation) varies from the trial judge‘s oral sentencing pronouncement (two and one-half years of incarceration followed by
Appellee‘s motion to dismiss is DENIED; appellant‘s sentence in Case No. 89-2702 is VACATED and the case REMANDED for further proceedings consistent with this opinion.
BOOTH and ZEHMER, JJ., concur.