GERALD ARLINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-07-18
No. 2D00-1861
ALTENBERND, A.C.J., and FULMER and SALCINES, JJ, Concur.
790 So. 2d 1175 Florida District Court of Appeal, Second District (2001) Negative Treatment
Cited by 12 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Gerald B. Arline appeals his judgments and sentences for two counts of selling cocaine. Prior to filing this appeal, Mr. Arline filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a), alleging that the written sentence did not comport with the trial court’s oral pronouncement. Specifically, the written sentence did not clearly reflect the trial court’s ruling that these sentences would run concurrently with the sentences in other cases.1 The trial court did not rule on this motion before Mr. Arline filed his notice of appeal, and apparently the trial court regards the motion as abandoned. We affirm Mr. Arline’s convictions and sentences without prejudice to his right to file another motion to correct illegal sentence in the trial court after issuance of our mandate.

Affirmed.

ALTENBERND, A.C.J., and FULMER and SALCINES, JJ, Concur. . It appears, however, that the Department of Corrections has implemented concurrent sen-tenccs in compliance with the oral pronouncement.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Williams v. State, 957 So. 2d 600 (Fla. 2007)
    …ams, 913 So. 2d at 1239. The district court further concluded that “a mere allegation of a difference between the oral pronouncement and the written judgment is insufficient to comply with [rule 3.800(a)]” and certified conflict with Watts v. State, 790 So. 2d 1175 (Fla. 2d DCA 2001), on that issue. Williams, 913 So. 2d at 1240. JURISDICTION Williams sought review here based upon the district court’s certification that its decision expressly conflicted with decisions of other district courts. During proceedi…
  • Guerra v. State, 927 So. 2d 248 (Fla. 2d DCA 2006)
    …sentencing order does not reflect the amount of jail credit that the trial court awarded in its oral pronouncement of sentence. Such claim is cognizable under rule 3.800(a). Hunter v. State, 846 So. 2d 1227, 1228 (Fla. 2d DCA 2003); Watts v. State, 790 So. 2d 1175, 1176 (Fla. 2d DCA 2001); Williams v. State, 744 So. 2d 1156, 1156 (Fla. 2d DCA 1999). If a discrepancy exists between the written sentence and the oral pronouncement, the written sentence must be corrected to conform to the oral pronouncement. Ashl…
  • Hunter v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003)
    …ntence does not reflect the amount of jail credit awarded to him by the trial court at the sentencing hearing. If such a discrepancy exists, Hunter’s written sentence must be corrected to conform to the oral pronouncement. See, e.g., Watts v. State, 790 So. 2d 1175 (Fla. 2d DCA 2001). Such a claim is cognizable in a rule 3.800(a) motion. See id. at 1176. However, Hunter styled his motion as one seeking clarification of his sentence filed pursuant to rule 3.800(b), and the trial court treated it as such and den…

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