GEORGE WILLIAM HIGGINBOTHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
George William Higginbotham appeals the summary denial of his motion to correct an illegal sentence filed pursuant to rule 8.800(a) of the Florida Rules of Criminal Procedure. On appeal, Higginbotham contends that the trial court’s oral pronouncement does not conform with the written sentence. We have jurisdiction. Sellers v. State, 591 So. 2d 331 (Fla. 2d DCA 1992); see also White v. State, 624 So. 2d 811 (Fla. 3d DCA 1993).
On the face of the record, a discrepancy exists between the oral pronouncement and the written sentence. In the context of the entire plea and sentencing hearing, it appears that the discrepancy is the result of a scrivener’s error. Accordingly, the order denying Higginbotham’s rule 3.800(a) motion is reversed and remanded for the trial court to resolve the discrepancy between the oral pronouncement and the written order. Marchand v. State, 546 So. 2d 1184 (Fla. 5th DCA 1989); Wilkins v. State, 543 So. 2d 800 (Fla. 5th DCA), review denied, 554 So. 2d 1170 (Fla. 1989).
JUDGMENT AFFIRMED; SENTENCE VACATED and REMANDED.
DAUKSCH, COBB and THOMPSON, JJ., concur.
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Thomas v. State, 778 So. 2d 429 (Fla. 5th DCA 2001)…is unlikely to affect the amount of time defendant will be incarcerated). The order denying relief is reversed for the limited purpose of resolving the discrepancy between the oral pronouncement and the written sentence. See Higginbotham v. State, 659 So. 2d 461 (Fla. 5th DCA 1995). ORDER REVERSED IN PART; REMANDED. SAWAYA and PALMER, JJ., concur.…
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Ronald v. Aquino, 661 So. 2d 424 (Fla. 5th DCA 1995)…ire plea and sentencing hearing, it appears that the discrepancy is the result of a scrivener’s error. Accordingly, we remand for the trial court to resolve the discrepancy between the oral pronouncement and the written order. Higginbotham v. State, 659 So. 2d 461; Marchand v. State, 546 So. 2d 1184 (Fla. 5th DCA 1989); Wilkins v. State, 543 So. 2d 800 (Fla. 5th DCA), rev. denied, [*425] 554 So. 2d 1170 (Fla.1989). In all other respects, the convictions and sentences are affirmed. AFFIRMED; REMANDED for cor…
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Bany Beaudry v. State, 681 So. 2d 1201 (Fla. 5th DCA 1996)…on and the oral sentence announced with the written ones. See Major v. State, 652 So. 2d 513 (Fla. 4th DCA 1995); Moore v. State, 623 So. 2d 795 (Fla. 1st DCA 1993); Gould v. State, 675 So. 2d 259 (Fla. 5th. [*1202] DCA 1996); Higginbotham v. State, 659 So. 2d 461 (Fla. 5th DCA 1995); Marchand v. State, 546 So. 2d 1184 (Fla. 5th DCA 1989); Wilkins v. State, 543 So. 2d 800 (Fla. 5th DCA), rev. denied, 554 So,2d 1170 (Fla.1989). REMAND to correct sentences. COBB and GOSHORN, JJ., concur. . §§ 784.021(1)(a),…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wilkins v. State, 543 So. 2d 800 (Fla. 5th DCA 1989)
- Marchand v. State, 546 So. 2d 1184 (Fla. 5th DCA 1989)
- Friedberg v. Fed. Home Loan Mortg. Corp., 624 So. 2d 811 (Fla. 3d DCA 1993)
- Sellers v. State, 591 So. 2d 331 (Fla. 2d DCA 1992)