RACKINS v. STATE

No. 4D02-649.

851 So.2d 292 (2003)

Johnny RACKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 6, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Iva Oza, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Linda Harrison, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, J.

Appellant, Johnny Rackins, was tried by jury and convicted of possession of cocaine. We affirm the conviction, but reverse the thirty-six month sentence and remand for a hearing so that the trial court may resolve the conflict between the apparent oral pronouncement of thirty months incarceration and the written order of thirty-six months. The State concedes that the transcript reflects that the oral pronouncement is inconsistent with the written sentence...

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