TORY v. STATE

No. 80-1083.

391 So.2d 743 (1980)

Anthony Claude TORY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 24, 1980.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Defendant appeals asserting his sentence was not in accord with his negotiated plea. The record clearly shows that the plea was to a maximum of three years in prison. The sentence stated orally in open court was two years in prison followed by two years' probation, but the written judgment and sentence imposed a sentence of three years in prison followed by two years' probation.

In view of this inconsistency, the sentence is vacated and the matter...

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