ALBERTO GUERRA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A written sentencing order must be corrected to conform to the trial court's oral pronouncement of sentence if a discrepancy exists.
Alberto Guerra appealed the denial of his motion to correct jail credit, alleging his written sentencing order did not reflect the jail credit awarded…
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[*249] STRINGER, Judge.
Alberto Guerra appeals the denial of his motion to correct jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for further proceedings.
Guerra claims that his written sentencing order does not conform to the trial court’s oral pronouncement of sentence. Specifically, Guerra alleges the written 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. Ashley v. State, 850 So. 2d 1265, 1268 (Fla.2003).
In denying Guerra’s motion, the post-conviction court appears to have ruled that Guerra was not entitled to the specific credit requested. The postconviction court did not address the issue of whether the written sentence conformed to the oral pronouncement, and our record does not contain the transcript of the sentencing hearing. Therefore, we reverse and remand for the postconvietion court to review the record and determine whether there is a discrepancy between the oral pronouncement and the written sentencing order. Watts, 790 So. 2d at 1176; Williams, 744 So. 2d at 1156. If a discrepancy exists, the written sentence must be corrected to conform to the oral pronouncement. Id. If the postconviction court again denies Guerra’s claim, it must attach those portions of the record that conclusively refute the allegation. Id.
Reversed and remanded.
SILBERMAN and CANADY, JJ., Concur.
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Reynaldo Torres v. State, 42 So. 3d 914 (Fla. 2d DCA 2010)…raise a contemporaneous objection when the trial court announced it was imposing costs of prosecution). The written order, however, must be corrected to reflect the trial court’s oral pronouncement of $100 in prosecution costs. See Guerra v. State, 927 So. 2d 248, 249 (Fla. 2d DCA 2006) (holding that if a discrepancy exists, the written sentence must be corrected to conform to the oral pronouncement). Torres properly preserved this issue by filing a rule 3.800(b) motion to correct sentencing error. Torres…
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Denizard v. State, 79 So. 3d 159 (Fla. 2d DCA 2012)…ement for count three in this case. For count three, the trial court orally pronounced a sentence of forty years for the armed burglary of a conveyance but the written sentence for this count shows the sentence to be four years. See Guerra v. State, 927 So. 2d 248, 249 (Fla. 2d DCA 2006) (“If a [*162] discrepancy exists between the written sentence and the oral pronouncement, the written sentence must be corrected to conform to the oral pronouncement. Ashley v. State, 850 So. 2d 1265, 1268 (Fla.2003).”). The…
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Barnes v. State, 977 So. 2d 801 (Fla. 2d DCA 2008)…t erred in entering a written sentence that did not conform to the court’s oral pronouncement. See Ashley v. State, 850 So. 2d 1265, 1268 (Fla.2003) (“[A] court’s oral pronouncement of sentence controls over the written document.”); Guerra v. State, 927 So. 2d 248, 249 (Fla. 2d DCA 2006) (“If a discrepancy exists between the written sentence and the oral pronouncement, the written sentence must be corrected to conform to the oral pronouncement.”). Barnes properly preserved this issue by filing a motion to cor…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Williams v. State, 744 So. 2d 1156 (Fla. 2d DCA 1999)
- Arline v. State, 790 So. 2d 1175 (Fla. 2d DCA 2001)
- Armstrong v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003)
- Hunter v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003)