RAYNARD WILDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.
The appellant asserts that his written habitual felony offender (HFO) sentence fails to comport with the oral pronouncement of sentence, which omitted the HFO designation. The trial court denied the motion as untimely because it was filed pursuant to rule 3.850. However, a claim that the written sentence does not conform to the oral pronouncement of sentence is cognizable in a rule 3.800(a) motion. Byers v. State, 916 So. 2d 923 (Fla. 1st DCA 2005). The trial court should have treated the appellant’s motion as one filed pursuant to rule 3.800(a). See Valdes v. State, 765 So. 2d 774 (Fla. 1st DCA 2000); Richardson v. State, 719 So. 2d 39 (Fla. 2d DCA 1998).
Accordingly, the order denying the appellant’s motion is reversed and the cause remanded for the trial court to resentenee the appellant or attach portions of the record refuting his claim.
REVERSED and REMANDED.
BROWNING, C.J., BARFIELD and BENTON, JJ., concur.
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DE LA Rosa v. State, 979 So. 2d 1089 (Fla. 3d DCA 2008)…ng order designating the defendant as a habitual violent felony offender comports with the trial court’s oral pronouncements at the revocation of probation hearing — is a claim that can be raised at any time under rule 3.800(a). See Wilder v. State, 967 So. 2d 1004, 1005 (Fla. 1st DCA 2007) (holding that defendant’s claim that trial court’s written sentencing order, which includes a habitual felony offender designation, does not comport with trial court’s oral pronouncement, which did not include a habitual fe…
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Antuan Deangelos Williams v. State (Fla. 5th DCA 2025)
Authorities Cited
- Valdes v. State, 765 So. 2d 774 (Fla. 1st DCA 2000)
- Byers v. State, 916 So. 2d 923 (Fla. 1st DCA 2005)
- Richardson v. State, 719 So. 2d 39 (Fla. 2d DCA 1998)