QUARRA WOODARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Quarra Woodard challenges the revocation of her community control and her resulting sentence. We affirm but note that Woodard’s written sentence fails to conform to the trial court’s oral pronouncement of sentence. Following the revocation of Woodard’s community control, the trial court orally imposed a sentence of 39 months’ imprisonment. However, the written sentence reflects 39.9 months’ imprisonment.
Woodard did not preserve this issue for appellate review because she did not object or file a motion to correct sentence pursuant to Florida Rule of Appellate Procedure 3.800(b). Accordingly, we affirm without prejudice to any right Woodard may have to file an appropriate postconviction motion addressing this issue. See Young v. State, 988 So.2d 1128, 1129 (Fla. 2d DCA 2008) (affirming Anders appeal without prejudice to any right the defendant had to file an appropriate postconviction motion to address an unpreserved sentencing error).
Affirmed.
CASANUEVA and KELLY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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McCALL v. State, 88 So. 3d 1015 (Fla. 2d DCA 2012)…ject or file a motion to correct this sentencing error in accordance with Florida Rule of Criminal Procedure 3.800(b). Thus he failed to preserve the issue for appellate review. Ingraham v. State, 82 So. 3d 1101 (Fla. 2d DCA 2012); Woodard v. State, 6 So. 3d 726, 727 (Fla. 2d DCA 2009). Accordingly, our affirmance is without prejudice to any right Mr. McCall may have to file a motion to correct his sentence under rule 3.800(a). We have considered all of the other issues raised in the initial Anders brief a…
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Ingraham v. State, 82 So. 3d 1101 (Fla. 2d DCA 2012)…t preserve these issues by objecting or filing a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b), we affirm without prejudice to any right Mr. Ingraham may have to file a rule 3.800(a) motion. See Woodard v. State, 6 So. 3d 726, 727 (Fla. 2d DCA 2009); see also Williams v. State, 957 So. 2d 600, 605 (Fla.2007). Affirmed. DAVIS and KELLY, JJ., Concur.…
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McKinsie Alexander Lyons v. State, 148 So. 3d 127 (Fla. 2d DCA 2014)…the oral pronouncement controls, the written sentences are erroneous. See Williams v. State, 957 So. 2d 600, 603 (Fla.2007). However, Lyons has not preserved this issue for review by filing a motion to correct sentencing error. See Woodard v. State, 6 So. 3d 726, 727 (Fla. 2d DCA 2009). Accordingly, we affirm without prejudice to any right Lyons may have to seek post-conviction relief on this issue. See id. Affirmed. WALLACE and BLACK, JJ., Concur.…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Jetavious Young v. State, 988 So. 2d 1128 (Fla. 2d DCA 2008)