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Davis v. State
697 So. 2d 935
Fla. Dist. Ct. App.
1997
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FRANK, Judge.

We affirm the denial of Troy Vinson Davis’s motion to withdraw his plea. He has raised a sentencing issue which does have merit. The trial court sentenced Davis to three years’ imprisonment followed by two years’ probation. All of the written documents, however, indicate a four-year prison term. The written documents must conform to the pronouncement at the sentencing hearing. Wilcox v. State, 674 So.2d 191 (Fla. 2d DCA 1996). In this case, however, a three-year term falls below the guidelines permitted range, but it is apparent from the transcript that this was an inadvertent departure. Thus, on remand, the trial court can impose either a sentence within the guidelines or a departure sentence with valid written reasons. State v. Betancourt, 552 So.2d 1107 (Fla.1989).

Conviction affirmed; sentence reversed; remanded for resentencing.

DANAHY, A.C.J., and THREADGILL, J., concur.

Case Details

Case Name: Davis v. State
Court Name: District Court of Appeal of Florida
Date Published: Jul 30, 1997
Citation: 697 So. 2d 935
Docket Number: No. 95-03448
Court Abbreviation: Fla. Dist. Ct. App.
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