LARRY KEITH JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LARRY KEITH JACKSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
790 So. 2d 1176
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Larry Keith Jackson appeals the summary denial of his post-conviction motion. He alleged several grounds for relief, including a claim that his written sentence varied from the sentence as orally pronounced. The trial court erred in finding that this is the type of claim that can be raised only on direct appeal. See, e.g., Graydon v. State, 647 So. 2d 1080 (Fla. 4th DCA 1995); Morris v. State, 452 So. 2d 1127 (Fla. 4th DCA 1984).
We reverse and remand for further proceedings on this point only. Denial was required on Jackson’s remaining allegations, so the order is affirmed in all other respects.
DELL, TAYLOR, and HAZOURI, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Luckey v. State, 811 So. 2d 802 (Fla. 1st DCA 2002)…nizable under rule 3.800(a). See Donald v. State, 731 So. 2d 824 (Fla. 1st DCA 1999), citing to Campbell v. State, 718 So. 2d 886 (Fla. 4th DCA 1998). In so doing, we acknowledge apparent conflict with the Second District. See, e.g., Watts v. State, 790 So. 2d 1176 (Fla. 2d DCA 2001); Dawson/Knapp v. State, 698 So. 2d 266 (Fla. 2d DCA 1997). In any event, Appellant’s claim is without merit, because there is no discrepancy between the written sentence and the oral pronouncement; both indicate that on count on…
Authorities Cited
- Graydon v. State, 647 So. 2d 1080 (Fla. 4th DCA 1995)
- Montgomery v. State, 647 So. 2d 1080 (Fla. 5th DCA 1995)
- Morris v. State, 452 So. 2d 1127 (Fla. 4th DCA 1984)