00-1501 GUTHRIE V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 00-1501 GUTHRIE V. STATE

Case Date: 12/11/2002

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

CORNELL GUTHRIE, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** CASE NOS. 3D00-1501

LOWER TRIBUNAL NOS.

89-30292 and 89-44568

Opinion filed December 11, 2002. An Appeal from the Circuit Court for Miami-Dade County, Stanford Blake, Judge. Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for appellant. Richard E. Doran, Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellee. Before LEVY, GREEN, and RAMIREZ, JJ. PER CURIAM. Cornell sentence. Guthrie appeals his probation revocation and

We affirm Guthrie's revocation of probation and

sentence, but remand upon the appellee State of Florida's proper confession of error that the revocation and sentencing orders fail to conform to the trial court's findings and oral

pronouncements. Guthrie was charged with various offenses, including the offense of second degree murder, attempted murder, and unlawful possession of a firearm, and burglary of an occupied dwelling with assault. Guthrie entered into a plea agreement and was sentenced to concurrent terms of ten years imprisonment to be followed by three years probation. Guthrie violated his

probation and the court subsequently suspended the entry of sentence on the charge of unlawful possession of a firearm, and re-sentenced probation. Guthrie again violated his probation and was charged with lewd and lascivious assault on a child, battery, and false him to jail to be followed by four years of

imprisonment. An amendment affidavit subsequently dropped the false imprisonment charge and Guthrie was found guilty of lewd and lascivious assault on a child. Guthrie was sentenced to

life imprisonment with credit for all the time served in prison.

The trial court's April 27, 2000 order of revocation of probation, however, erroneously indicates that Guthrie committed the offense of false imprisonment. The sentencing orders

erroneously fail to provide Guthrie with credit for prison time served prior to Guthrie's first probation violation, and for time served while he waited for the hearing on his probation violation. second

The sentencing orders also erroneously

reflect that Guthrie was sentenced to life imprisonment on the charge of unlawful possession of a firearm. We therefore remand only for the correction of the orders of revocation and sentence.

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