Deravil 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 DERICK F. DERAVIL, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Case No. 2D07-2195 Opinion filed June 6, 2008. Appeal from the Circuit Court for Hillsborough County; Daniel H. Sleet, Judge. James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. We affirm without comment Derick Deravil's convictions for aggravated battery and battery. Although no sentencing issue has been raised, we note that the trial court orally pronounced a youthful offender sentence of two years in prison followed by four years on probation for aggravated battery. For battery, Deravil was sentenced to time served. The oral pronouncements control over discrepancies in the written documents. See Ashley v. State, 850 So. 2d 1265 (Fla. 2003). Affirmed. NORTHCUTT, C.J., and ALTENBERND and SALCINES, JJ., Concur. -2-

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