If it is appropriate to adjudicate Murphy not guilty of that charge, it may do so. If not, it must adjudicate and sentence him for that crime. Murphy v. State, 16 So.3d 269 (Fla. 5th DCA 2009) (citations and footnote omitted). Judge Griffin concurred specially with the following opinion: The trial court appeared to be uncertain about the double jeopardy issue in this case, which was understandable given the uncertain state of the law. Since this case was decided, however, the Florida Supreme Court issued its decision in State v. Meshell, 2 So.3d 132 (Fla.2009), which may inform the trial court’s decision on remand. In this case, count one charged capital sexual battery, alleging that defendant’s penis had union with the victim’s vagina. Defendant was found guilty of attempted s 1997) (<HOLDING>). Here, the proceedings before the trial court
holding that probation is not a sentence holding that where there is a discrepancy between the written sentence and the oral pronouncement of sentence the latter prevails holding that courts written sentence must conform to oral pronouncement holding that a trial courts changing of the written sentence to conform with the oral pronouncement of sentence is ministerial holding that entering a written sentence where none exists is ministerial