VONGOFF v. STATE

No. 98-04301.

747 So.2d 420 (1999)

Anthony VONGOFF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 8, 1999.


Attorney(s) appearing for the Case

Nick J. Sinardi, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


CAMPBELL, Acting Chief Judge.

Appellant challenges his forty-eight-month sentence for possession of cocaine. On appeal, he argues that his written sentence does not conform to the trial court's oral pronouncement of forty months. Although the transcript of the sentencing hearing refers to the cap on appellant's open plea as both forty and forty-eight months, it is clear from the written plea agreement that the cap was intended to be forty-eight months. However, in...

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