KEVIN D. D'HAITI, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2002-06-12
No. 3D01-572
Before LEVY, GERSTEN, and GODERICH, JJ.
818 So. 2d 670 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 4 cases
Topics
Oral Pronouncement Of Sentence Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

As the State has appropriately acknowledged, both in the instant proceedings as well as on a previous occasion, the trial court’s written order entered in case number 95-30634 varies from the trial court’s oral pronouncement of the sentence in that case. Specifically, the written sentence entered in that case reflects a sentence of fourteen (14) years imprisonment for the two third degree felonies (two counts of carrying a concealed firearm) committed in that case. However, at sentencing, the trial court revoked the defendant’s probation and sentenced him to fourteen (14) months imprisonment with the said confinement to be served concurrently with the sentences in case number 95-39271. As a result, this cause is remanded to the trial court so that the trial court’s written order can be corrected, as reflected above, to conform to the oral sentence pronounced in court.

In all other respects, the trial court’s order entered in this cause, and under review herein, in connection with the defendant’s motion for post-conviction relief is affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Melton v. State, 908 So. 2d 1136 (Fla. 3d DCA 2005)
    …of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the order to the extent that it denies defendant’s claim that his written sentence does not conform to the court’s oral pronouncement. See, e.g., D’Haiti v. State, 818 So. 2d 670 (Fla. 3d DCA), review denied, 835 So. 2d 266 (Fla.2002); Reddick v. State, 802 So. 2d 421 (Fla. 3d DCA 2001). “When a trial court summarily denies a motion for postconviction relief under Florida Rule of Criminal Procedure 3.800(a), 3.850, or 3.853,…
  • D'Haiti v. State, 854 So. 2d 662 (Fla. 3d DCA 2003)
    …PER CURIAM. Defendant appeals from an order denying his motion to correct an illegal sentence. Based upon the State’s proper confession of error and our prior opinion in D’Haiti v. State, 818 So. 2d 670 (Fla. 3d DCA 2002), we again vacate the sentence and remand this matter to the trial court with specific directions to correct the written sentencing order in Circuit Court Case No. 95-30634 to conform to the oral sentence pronounced by the court in…

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