MICHAEL A. GARCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the written judgment and sentences must conform to the oral pronouncements regarding jail credit.
Appellant sought additional jail credit, but the written judgments conflicted with the oral pronouncements at sentencing. The trial court denied the m…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.800(A) cases and more on FLexlaw
PER CURIAM.
Michael A. Garcia appeals the denial of his motion for jail credit time pursuant to Florida Rule of Criminal Procedure 3.800(a). Garcia raised two grounds for relief. We find no merit to the denial of his second ground and affirm without discussion.
As his first ground, Garcia alleged in his motion that he was entitled to an additional fifty-six days of jail credit against his sentence in case no. 93-11890. The trial court denied relief and attached the written judgment and sentences for this case as well as a transcript of the sentencing hearing. The written judgment and sentences, however, conflict with the oral pronouncements in the transcript. Thus, the amount of credit awarded on the judgments is called into question.
Accordingly, we reverse the trial court’s order denying Garcia’s motion for credit. On remand, the trial court shall correct the written judgment and sentences to conform to the oral pronouncements, then determine the proper amount of credit.
Affirmed in part, reversed in part, and remanded.
BLUE, A.C.J., and QUINCE and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. State, 705 So. 2d 1032 (Fla. 2d DCA 1998)…gests in his motion that the sentencing court orally granted him credit for his earlier prison time but failed to enter a written order to that effect. The motion demands that the written order conform to the oral pronouncement. See Garcia v. State, 666 So. 2d 245 (Fla. 2d DCA 1996). A determination of the substance of the oral pronouncement will generally not be of record, but will require the transcription of the proceedings. Accordingly, the trial court correctly determined that this matter may only be res…