Bell v. State

Full title: Claude Dwayne BELL, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Nov 14, 2014

150 So. 3d 1214 (Fla. Dist. Ct. App. 2014)

Opinion

No. 5D14–922.

2014-11-14

Claude Dwayne BELL, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Orange County, Gail A. Adams, Judge. James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent–Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appeal from the Circuit Court for Orange County, Gail A. Adams, Judge.
James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Marjorie Vincent–Tripp, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.

Claude Dwayne Bell appeals the final order revoking his community control and sentencing him to serve 15 years in the Department of Corrections as a violent felony offender of special concern. At the conclusion of his sentencing hearing, the trial court orally pronounced that Bell posed a danger to the community. See§ 948.06(8)(e), Florida Statutes (2013). However, its written order is not consistent with the oral pronouncement. Accordingly, we affirm the revocation of Bell's community control, but remand for correction of the written order to conform to the oral pronouncement. See Martin v. State, 87 So.3d 813 (Fla. 2d DCA 2012).

AFFIRMED in part; and REMANDED. LAWSON, EVANDER and LAMBERT, JJ., concur.