5D02-3070 Shipman v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-3070

Case Date: 04/14/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2003

LEE SHIPMAN, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________________/ Opinion filed April 17, 2003 Appeal from the Circuit Court for OrangeCounty, Frank Kaney, Senior Judge. James B. Gibson, Public Defender, and Scott Ragan, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellee. MONACO, J. Lee Shipman appeals the sentence imposed after he was convicted of possession of cocaine. Mr. Shipman abandoned his objection in the trial court with respect to his claim based on an allegedly erroneous score sheet by failing to obtain a ruling from the court. See State v. Clay, 780 So. 2d 270 (Fla. 5th DCA 2001); Latiif v. State, 711 So. 2d 241 (Fla. 5th DCA 1998), remanded, 787 So. 2d 834 (Fla. 2001). The State concedes that the oral pronouncement and the written sentence are in conflict in that the court orally gave Mr. Shipman credit for 199 days time served, while the CASE NO. 5D02-3070

written sentence credits Mr. Shipman with 189 days. Accordingly, we reverse and remand for the trial court to correct the written sentence to reflect credit for 199 days time served, and in all other respects affirm the judgment and sentence. See Johnson v. State, 652 So. 2d 430 (Fla. 2d DCA 1995). AFFIRMED, in part, and REVERSED in part. THOMPSON, C.J., and ORFINGER, J., concur.

2

Download 5D02-3070 Shipman v. State.pdf