DARYL WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Fourth District affirmed the denial of a Rule 3.800(a) motion claiming a discrepancy between oral and written sentences, holding that a mere allegation of difference is insufficient without supporting documentation, and certified conflict with other districts on the sufficiency of such allegations.
A mere allegation that a written sentence does not conform to the oral pronouncement is insufficient to comply with Florida Rule of Criminal Procedure 3.800(a) without supporting documentation such as a sentencing transcript.
[1] A motion under Florida Rule of Criminal Procedure 3.800(a) alleging discrepancy between oral and written sentences must include supporting documentation such as a sentenc…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant filed an unsworn Rule 3.800(a) motion claiming the judge orally sentenced him to eleven years but the written judgment imposed fourteen year…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Certification Of Conflict cases and more on FLexlaw
On Motion for Rehearing
PER CURIAM.
We withdraw our prior opinion and substitute the following in its place.
We affirm the denial of appellant’s Florida Rule of Criminal Procedure 3.800(a) motion, which claims that the written sentence does not conform to the court’s oral pronouncement of the sentence. See Campbell v. State, 718 So. 2d 886 (Fla. 4th DCA 1998). In this case, appellant’s un-sworn motion1 stated that the judge orally sentenced appellant to eleven years but that his written judgment sentenced him to fourteen years seven months. No attachments, such as a transcript of the sentencing proceeding, were included. We certify conflict with Fitzpatrick v. State, 863 So. 2d 462 (Fla. 1st DCA 2004), and Berthiaume v. State, 864 So. 2d 1257 (Fla. 5th DCA 2004). We also conclude that a mere allegation of a difference between the oral pronouncement and the written judgment is insufficient to comply with the rule. We certify conflict with Watts v. State, 790 So. 2d 1175 (Fla. 2d DCA 2001), as to the issue of whether a mere allegation that a written sentence does not comport with an oral pronouncement is sufficient to raise a rule 3.800(a) claim. We would also note that, unlike rule 3.850(d), rule 3.800(a) contains no requirement that the trial court attach portions of the record that conclusively refute the allegations of the motion.
WARNER, FARMER and MAY, JJ., concur. . Unlike Florida Rule of Criminal Procedure 3.850(c), which requires a motion seeking postconviction relief to be under oath, there is no requirement under rule 3.800 that a motion be made under oath.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. State, 957 So. 2d 600 (Fla. 2007)…PER CURIAM. We have on appeal a decision of a district court of appeal that certifies conflict with decisions of the First, Second, and Fifth District Courts of Appeal. Williams v. State, 913 So. 2d 1239 (Fla. 4th DCA 2005). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons set out below, we quash the decision of the Fourth District Court of Appeal and hold that a claim asserting a discrepancy between an oral and written sente…
Authorities Cited
- Campbell v. State, 718 So. 2d 886 (Fla. 4th DCA 1998)
- Fitzpatrick v. State, 863 So. 2d 462 (Fla. 1st DCA 2004)
- Berthiaume v. State, 864 So. 2d 1257 (Fla. 5th DCA 2004)
- Arline v. State, 790 So. 2d 1175 (Fla. 2d DCA 2001)