THOMAS v. STATE (1999)

District Court of Appeal of Florida,Second District.

Jerry THOMAS, Appellant, v. STATE of Florida, Appellee.

No. 98-00881.

Decided: October 13, 1999

Jerry Thomas, Pro Se. Jeffrey Sullivan, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

Jerry Thomas appeals his convictions and sentence for possession and sale of cocaine. We determine that no reversible error occurred during his trial and affirm his convictions and sentence. We remand, however, to correct the written sentence to conform to the oral pronouncement.

The trial court orally pronounced Thomas's sentence to be 36 months' incarceration on count I for possession of cocaine and 25 years' probation on count II for sale of cocaine, with the condition that Thomas spend the first 111/212 years in state prison. The written sentence imposes 111/212 years' state prison followed by 25 years' probation. “When there is a discrepancy between the written sentence and the oral pronouncement of sentence, the latter prevails.” Brammer v. State, 554 So.2d 671 (Fla. 2d DCA 1990). Therefore, we must remand the written sentence with directions that the trial court conform it to the oral pronouncement. See id. at 671.

Affirmed and remanded only to correct the written sentence.

PER CURIAM.

BLUE, A.C.J., FULMER and DAVIS, JJ., Concur.

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