CLEON GREENWOOD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We have for review Greenwood v. State, 720 So. 2d 548 (Fla. 4th DCA 1998), a decision of the Fourth District Court of Appeal citing as controlling authority its opinion in Hyden v. State, 715 So. 2d 960 (Fla. 4th DCA 1998), approved in part, disapproved in part, 760 So. 2d 89 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418, 420 (Fla.1981). The State concedes that a deviation from the oral pronouncement of sentence resulted in a written sentence that failed to give Greenwood credit for six months of jail time. For the reasons expressed in our opinion in Maddox v. State, 760 So. 2d 89 (Fla.2000), we find that this is a fundamental error that can be corrected during the window period, quash the decision below and remand for further proceedings consistent with this opinion.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
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Sheena Latson v. State, 193 So. 3d 1070 (Fla. 1st DCA 2016)…493 (Fla. 1st DCA 1999) (finding an ineffective assistance claim' not properly raised on direct appeal in light of the enactment of section 924.051, Florida Statutes); Seccia v. State, 720 So. 2d 580, 582 (Fla. 1st DCA 1998), rev’d on other grounds, 764 So. 2d 573, 574 (Fla.2000) (declining to address ineffective assistance of counsel issue “because to do so would effectively nullify the preservation requirement contained in section 924.051”). But the proscriptions of section 924.051 have slowly disappeared f…
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Seccia v. State, 786 So. 2d 12 (Fla. 1st DCA 2001)…ause it had not been preserved, and it did not constitute fundamental error. The supreme court has remanded that scoresheet issue to us for further consideration in light of its decision in Maddox v. State, 760 So. 2d 89 (Fla.2000). Seccia v. State, 764 So. 2d 573 (Fla.2000). I. Appellant was convicted of sexual battery upon a child younger than age 12 and a lewd, lascivious or indecent act upon a child. Both offenses were committed sometime between August 1 and September 12, 1995. The sexual battery convic…
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Cleon Greenwood v. State, 766 So. 2d 1220 (Fla. 4th DCA 2000)….800(b). The issue is thus not preserved for appeal. We reverse the sentence to include the award of six months credit for jail time orally pronounced by the trial court but not reflected in the written judgment of sentence. See Greenwood v. State, 764 So. 2d 573 (Fla.2000); Gillen v. State, 696 So. 2d 952 (Fla. 4th DCA 1997). WARNER, C.J., DELL and KLEIN, JJ., concur. . Nelson v. State, 274 So. 2d 256, 258-59 (Fla. 4th DCA 1973), approved by Hardwick v. State, 521 So. 2d 1071, 1074-75 (Fla.1988).…
Authorities Cited
- Maddox v. State, 760 So. 2d 89 (Fla. 2000)
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Hyden v. State, 715 So. 2d 960 (Fla. 4th DCA 1998)
- Cleon Greenwood v. State, 720 So. 2d 548 (Fla. 4th DCA 1998)