TOMMY J. TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Anders Appeal cases and more on FLexlaw
PER CURIAM.
In this Anders1 appeal, this court affirms appellant’s convictions for first-degree murder and robbery with a deadly weapon, as well as the sentence of life without parole for the murder and the consecutive life term for the robbery. We note, however, that the trial court orally pronounced 119 days jail credit, but the written murder sentence does not reflect that credit. Therefore, the written murder sentence must be corrected to conform to the oral pronouncement. See Mason v. State, 710 So. 2d 82 (Fla. 1st DCA 1998) (in Anders appeal, remanding with directions to conform written probationary order to oral pronouncement). And see Crompton v. State, 728 So. 2d 1188 (Fla. 1st DCA 1999) (failure to award jail credit on life sentence without possibility of parole constituted an illegal sentence). Appellant need not be present for this clerical correction.
AFFIRMED but REMANDED to correct the written murder sentence to reflect 119 days of jail credit.
ERVIN, LAWRENCE and PADOVANO, JJ„ CONCUR. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Knight v. State, 114 So. 3d 1067 (Fla. 1st DCA 2013)…f the burglary of a dwelling in count I. At sentencing, the trial court orally pronounced a sentence of 15 years in prison for this offense. Therefore, the written judgment must be corrected to conform to the oral pronouncement. See Turner v. State, 770 So. 2d 1288, 1288 (Fla. 1st DCA 2000) (affirming and remanding in an Anders appeal with instructions to conform the judgment to the oral pronouncement awarding credit for time served). Appellant need not be present for the correction of this clerical error. A…
-
Bryant v. State, 124 So. 3d 256 (Fla. 1st DCA 2013)…case 12-CF-1843 were habitualized. Therefore, as the sentences imposed in counts I and II of this case were clearly the product of a scrivener’s error, the written judgment must be corrected to conform to the oral pronouncement. See Turner v. State, 770 So. 2d 1288, 1288 (Fla. 1st DCA 2000) (affirming and remanding in an Anders appeal with instructions to conform the judgment to the oral pronouncement awarding credit for time served). Appellant need not be present for the correction of this clerical error. A…
-
Hampton v. State, 254 So. 3d 659 (Fla. 5th DCA 2018)…Appellant's sentence of fifteen years for conspiracy [*660] to traffic in cocaine. However, we remand for entry of a corrected written sentence that conforms to the trial court's oral pronouncement of forty-one days of jail credit. Turner v. State, 770 So. 2d 1288 (Fla. 1st DCA 2000). AFFIRMED AND REMANDED with instructions. LAMBERT, EDWARDS and GROSSHANS, JJ., concur. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Mason v. State, 710 So. 2d 82 (Fla. 1st DCA 1998)
- Crompton v. State, 728 So. 2d 1188 (Fla. 1st DCA 1999)