MICHAEL A. WILBON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL A. WILBON, APPELLANT,
STATE OF FLORIDA, APPELLEE
944 So. 2d 397
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Wilbon appeals the denial of his un-sworn rule 3.800(a) motion to correct illegal sentence which claims a discrepancy between the written sentence and oral pronouncement. We affirm the denial, but without prejudice to Wilbon seeking relief pursuant to rule 3.850, if time allows. See Covell v. State, 891 So. 2d 1132 (Fla. 4th DCA 2005); Campbell v. State, 718 So. 2d 886 (Fla. 4th DCA 1998).
WARNER, POLEN and MAY, JJ., concur.
Other
On Motion Fob Rehearing
PER CURIAM.
We deny rehearing and rehearing en banc. However, we certify conflict with Berthiaume v. State, 864 So. 2d 1257 (Fla. 5th DCA 2004) and Fitzpatrick v. State, 863 So. 2d 462 (Fla. 1st DCA 2004).
WARNER, POLEN and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Antoine Museau v. State, 953 So. 2d 40 (Fla. 4th DCA 2007)…1998). Museau’s motion was not sworn. Consequently, we affirm the denial of relief, but without prejudice to Museau seeking relief pursuant to rule 3.850, if time allows. See Moreland v. State, 944 So. 2d 485 (Fla. 4th DCA 2006); Wilbon v. State, 944 So. 2d 397 (Fla. 4th DCA 2006); Renaud v. State, 901 So. 2d 1032 (Fla. 4th DCA 2005), review dismissed, 926 So. 2d 1241 (Fla.2006); see also Covell v. State, 891 So. 2d 1132 (Fla. 4th DCA 2005). As in Wilbon, we certify conflict with Fitzpatrick v. State, 863…
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)
- T.D.R. v. State, 891 So. 2d 1132 (Fla. 5th DCA 2005)