Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

EARNEST JAMES BROWN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE.

HENDRY, Judge.

The appellant, Earnest James Brown, was charged in a three count information with (1) sexual battery, (2) robbery and (3) burglary. A jury found him guilty of sexual battery on count one, petit theft on count two and burglary on count three.

The court adjudicated him guilty and imposed a life sentence on the burglary count and suspended sentence as to the other two counts. However, the written order states that the life sentence was imposed for count one (sexual battery).

Appellant contends that the trial court erred in entering a written sentencing order which differed from the court's oral pronouncement. We find merit in this contention. The written sentence must be corrected to conform to the oral pronouncement of the court. Sirmons v. State, 405 So.2d 310 (Fla. 4th DCA 1981); Sandstrom v. State, 390 So.2d 448 (Fla. 4th DCA 1980); petition for review denied, 397 So.2d 779 (Fla. 1981).

As to the conviction, appellant seeks reversal on the ground that the trial court erred in denying his request for a special jury instruction on identification since it was a critical issue at trial. We find no error in the trial court's instructions to the jury. The instructions given were clear, comprehensive and correct. No special instruction on the issue of identity was necessary or required. The issue was adequately covered in the standard jury instructions that were given. State v. Freeman, 380 So.2d 1288 (Fla. 1980); Smith v. State, 375 So.2d 864 (Fla. 3d DCA 1979), cert. denied, 383 So.2d 1202 (Fla. 1980); Cruz v. State, 310 So.2d 360 (Fla. 3d DCA 1975).

For the reasons stated the judgment appealed is affirmed, but the cause is remanded for correction of the sentence in accordance with this opinion.

Affirmed and remanded.

Use AI to get other relevant cases.

Comments

BROWN v. STATE
(Dec 21, 1982)