Allison v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BRUCE ALLISON, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D01-729 Opinion filed September 6, 2002. Appeal from the Circuit Court for Sarasota County; Stephen L. Dakan, Judge. James Marion Moorman, Public Defender, and Gonzalo Alberto Gayoso, Special Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Davis G. Anderson, Jr., Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Bruce Allison challenges his judgment and sentences for sexual battery, sexual battery with a deadly weapon, and aggravated battery. We affirm the judgment and sentences without discussion but remand with directions to correct a scrivener s error in the written sentences. The trial court orally pronounced prison releasee reoffender sanctions for count three, sexual battery with a deadly weapon; however the written sentence reflects that these sanctions were imposed for count two, aggravated battery. On remand, the written sentence shall be corrected so that it comports with the court s oral pronouncement. See Arrington v. State, 805 So. 2d 1045 (Fla. 2d DCA 2002), dismissed, 817 So. 2d 844 (Fla. 2002) (table decision); Brooks v. State, 768 So. 2d 513 (Fla. 2d DCA 2000). Affirmed. BLUE, C.J., and STRINGER and DAVIS, JJ., Concur.

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