Whitehead v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2005 GARRY WHITEHEAD, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D04-796 [June 29, 2005] PER CURIAM. Garry Whitehead appeals his sentence for burglary of a dwelling, contending that the written judgment of sentence did not conform to the court s oral pronouncement. We agree. The court orally pronounced a sentence of 21.150 months of imprisonment. The written judgment provided for a sentence of 22 months. We therefore reverse and remand for correction of the written judgment to conform to the oral pronouncement. Rackins v. State, 851 So. 2d 292, 292 (Fla. 4th DCA 2003). WARNER , K LEIN and TAYLOR, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Fred Berman, Judge; L.T. Case No. 02-21489 CF10A. Carey Haughwout, Public Defender, and Dea Abramschmitt, Assistant Public Defender, West Palm Beach, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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