CHARLES EDWARD GRAYDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES EDWARD GRAYDON, APPELLANT,
STATE OF FLORIDA, APPELLEE
647 So. 2d 1080
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We reverse an order denying Appellant’s petition for post-conviction relief and remand for the trial court to consider, and make findings as to, Appellant’s claim that the written sentence does not comport with the orally pronounced sentence.
In all other respects, the trial court’s order is affirmed, without prejudice to Appellant’s timely filing an amended petition on his claim of ineffective assistance of counsel based upon counsel’s allegedly misinforming Appellant concerning the amount of gain time credit Appellant would receive.
HERSEY, STONE and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jackson v. State, 790 So. 2d 1176 (Fla. 4th DCA 2001)…ral grounds for relief, including a claim that his written sentence varied from the sentence as orally pronounced. The trial court erred in finding that this is the type of claim that can be raised only on direct appeal. See, e.g., Graydon v. State, 647 So. 2d 1080 (Fla. 4th DCA 1995); Morris v. State, 452 So. 2d 1127 (Fla. 4th DCA 1984). We reverse and remand for further proceedings on this point only. Denial was required on Jackson’s remaining allegations, so the order is affirmed in all other respects.…
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Nelson v. State, 1 So. 3d 345 (Fla. 1st DCA 2009)…t’s sentencing hearing. Without the transcript, it is impossible to determine whether the appellant’s -written sentence indeed comports with that which was orally pronounced. See Cooley v. State, 901 So. 2d 271 (Fla. 1st DCA 2005); Graydon v. State, 647 So. 2d 1080 (Fla. 4th DCA 1995). We therefore reverse the order under review and remand this case for the trial court’s further consideration of the motion. REVERSED AND REMANDED. ALLEN, VAN NORTWICK, and ROBERTS, JJ., concur.…
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Gentry v. State, 652 So. 2d 518 (Fla. 5th DCA 1995)…s illegal consecutive habitual offender sentences under Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. —, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994). The correct remedy to seek relief is a properly filed Rule 3.850 motion. Bunch v. State, 647 So. 2d 1080 (Fla. 5th DCA 1995); Callaway v. State, 642 So. 2d 636 (Fla. 2d DCA 1994) (question certified), review granted, (Fla. Feb. 15, 1995); Massey v. State, 648 So. 2d 785 (Fla. 5th DCA 1994). AFFIRMED. COBB, PETERSON and THOMPSON, JJ., concur.…