Gardner v. StateGardner v. State
PER CURIAM.
We withdraw our previously issued opinion and substitute the following in its place.
We affirm appellant‘s conviction. His challenge to the admission of evidence of an arrest on a separate charge was not properly preserved for review on the ground raised on appeal. See Tillman v. State, 471 So.2d 32, 35 (Fla.1985).
The trial court adjudicated appellant guilty of attempted robbery with a firearm, sentenced him to a term of seven years incarceration, and checked off the three-year minimum mandatory term for the use of a firearm on appellant‘s written sentence. Two days later, over defense counsel‘s objection, the court held a hearing to correct the court‘s prior oral pronouncement to reflect the minimum mandatory term. Appellant claims that the subsequent sentencing hearing violated
In State v. Davis, 639 So.2d 1048, 1049 (Fla. 1st DCA 1994), approved on other grounds, 661 So.2d 1193 (Fla.1995), the first district held that the trial court‘s imposition, upon the defendant‘s resentencing, of a three-year minimum mandatory term for use of a firearm during the commission of a
Furthermore, “[t]here exists an obligation to correct a sentence to comply with applicable statutory provisions, even if the service of the original sentence has already begun and the sentence as corrected would be more onerous.” Van Buren v. State, 500 So.2d 732, 734 (Fla. 2d DCA 1987). Therefore, we affirm appellant‘s sentence.
Since the trial court‘s sentence was within the permitted sentencing guideline range, we affirm as to appellant‘s claim of judicial vindictiveness. See Melton v. State, 678 So.2d 434 (Fla.App. 1st DCA), rev. denied, 687 So.2d 1304 (Fla.1996); Reaves v. State, 655 So.2d 1189 (Fla. 3d DCA 1995); Panek v. State, 593 So.2d 307 (Fla. 3d DCA 1992);
We affirm the trial court‘s imposition of the statutorily mandated costs against the appellant. See Bussey v. State, 674 So.2d 924, 924 (Fla. 4th DCA 1996).
WARNER, SHAHOOD and GROSS, JJ., concur.