LARRY CLYDE READON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2006-04-05
No. 3D05-362
Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ.
925 So. 2d 427 Florida District Court of Appeal, Third District (2006) Positive Treatment
Cited by 15 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). All but one of the allegations raised on appeal are without merit and do. not require discussion. The sole viable issue is that the written sentence did not comport with the oral pronouncement of sentence. We do not address the merits of this issue because the matter was not presented to the trial court in the original Rule 3.800(a) motion. We therefore affirm without prejudice to allow defendant to file a 3.800(a) motion on this issue.

' Affirmed.


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Cited By

  • Williams v. State, 121 So. 3d 1114 (Fla. 3d DCA 2013)
    …en banc); Williams v. McDonough, 942 So. 2d 889 (Fla. 3d DCA 2006) (table) (denying petition for writ of habeas corpus); Williams v. State, 941 So. 2d 445 (Fla. 3d DCA 2006) (affirming denial of motion for postconviction relief); Williams v. State, 925 So. 2d 427 (Fla. 3d DCA 2006) (denying motion for rehearing); Williams v. Crosby, 888 So. 2d 42 (Fla. 3d DCA 2004) (table) (denying petition for writ of habeas corpus); Williams v. State, 840 So. 2d 251 (Fla. 3d DCA 2003) (table) (affirming denial of motion fo…
  • Bryant v. State, 971 So. 2d 818 (Fla. 3d DCA 2007)
    ….540. The Florida Supreme Court has said, “[B]y its own terms, Rule 1.540 applies only to civil causes, not to collateral claims associated with a criminal conviction.” Steinhorst v. State, 636 So. 2d 498, 500 (Fla.1994); see also Williams v. State, 925 So. 2d 427 (Fla. 3d DCA 2006). When such a motion is filed, it is to be treated as if it had been filed under the correct postconviction rule. See Steinhorst, 636 So. 2d at 500; Williams, 925 So. 2d at 428. A claim that the trial court was without jurisdictio…
  • Parker v. State, 270 So. 3d 1291 (Fla. 2d DCA 2019)

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