TONY L. GARY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (18 total)

• Lopez v. State, 2 So. 3d 1057 (Fla. 3d DCA 2009)
  …ot] claim a sentence is illegal based on an alleged discrepancy between an oral pronouncement and a written sentence ... without a transcript of the sentencing hearing or other indisputable evidence of record to support the claim.” Nielson v. State, 984 So. 2d 587, 588 (Fla. 2d DCA 2008). Because the oral pronouncement is, in effect, the controlling disposition, it is improper for a trial court to deny a motion alleging a discrepancy between an oral pronouncement and written sentence on the merits on the sole…
• Gomez v. State, 137 So. 3d 1037 (Fla. 3d DCA 2014)
  …ent and a written sentence ... without a transcript of the sentencing hearing or other indisputable evidence of record to support the claim.” Lopez v. State, 2 So. 3d 1057, 1059 (Fla. 3d DCA 2009) (alterations in original) (quoting Nielson v. State, 984 So. 2d 587, 588 (Fla. 2d DCA 2008)). Because the defendant has failed to attach a transcript of the sentencing hearing or other irrefutable evidence to support his claim, his motion was legally insufficient, and it was therefore properly denied by the trial co…
• Elvis C. Burns v. State, 995 So. 2d 1115 (Fla. 2d DCA 2008)
  …4 So. 2d 190 (Fla. 2d DCA 2004). We note that Burns’ motion did not allege, nor does this opinion address, a claim of illegal sentence on the basis of a discrepancy between the oral and written sentences imposed, as was the case in Nielson v. State, 984 So. 2d 587 (Fla. 2d DCA 2008). Affirmed. FULMER and VILLANTI, JJ., Concur.…