Gallardo v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 AMED GALLARDO, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-202 October 1, 2008 PER CURIAM. Although our independent review of the record h a s revealed an apparent scrivener s error in the written sentence, we grant appellate counsel s motion to withdraw filed pursuant to Anders v. California, 386 U.S. 738 (1967). We reverse and remand, however, with directions for the trial court to correct the written sentence in lower court case number 432007CF988A. The trial court orally pronounced a nine-year term of imprisonment on Count Three, but th e written sentence o n this count reflects nine months. Because the trial court s oral pronouncement is unambiguous, the written sentence must b e corrected to reflect the oral pronouncement. Moreland v. State, 853 So. 2d 574 (Fla. 4th DCA 2003). We affirm the convictions and sentences on all other counts. STONE, WARNER and KLEIN, JJ., concur. * * * Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Robert Belanger, Judge; L.T. Case No. 432007CF000988A. Carey Haughwout, Public Defender, and Barbara J. Wolfe, Assistant Public Defender, West Palm Beach, for appellant. No appearance for appellee. Not final until disposition of timely filed motion for rehearing.

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