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PATTON v. STATE

No. 95-1382.

673 So.2d 530 (1996)

Robert PATTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and/or Clarification Denied June 3, 1996.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Mallorye G. Cunningham, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The oral pronouncement of seven years' probation for a first-degree misdemeanor is an illegal sentence. However, the written judgment reflects a probationary sentence of one year, which is a legal sentence. Appellant clearly undertook this appeal out of concern for the rule in Kord v. State, 508 So.2d 758 (Fla. 4th DCA 1987). This rule is inapplicable where, as here, the oral sentence is illegal. We therefore...

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