TIMOTHY MCELRATH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2009-07-01
No. 2D08-1492
SILBERMAN and CRENSHAW, JJ., Concur.
10 So. 3d 1209 Florida District Court of Appeal, Second District (2009) Positive Treatment
Cited by 3 cases
Topics
Fla. R. Crim. P. 3.850 Motion Preservation Of Error

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Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

Timothy McElrath challenges his convictions and sentences for first-degree murder, attempted voluntary manslaughter, and armed robbery. We affirm his convictions without comment. However, we write to note that although McElrath correctly points out, and the State concedes, that the written judgment and sentence fail to accurately reflect the court’s oral pronouncement, McElrath has not properly preserved this issue via a Florida Rule of Criminal Procedure 3.800(b) motion. See Jackson v. State, 983 So.2d 562, 572 (Fla.2008) (noting that sentencing errors that must be preserved by a rule 3.800(b) motion include claims that a written order deviates from the court’s oral pronouncement). Accordingly, we must also affirm McElrath’s sentences, but we do so without prejudice to any right McElrath might have to raise the issue in a rule 3.800(a) or 3.850 motion.

Affirmed.

SILBERMAN and CRENSHAW, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Rubin A. Stroud v. State, 82 So. 3d 1147 (Fla. 2d DCA 2012)
    …his sentences without prejudice to any right Stroud might have to raise the sentencing issue in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) or 3.850. See Jackson v. State, 983 So. 2d 562, 568 (Fla.2008); McElrath v. State, 10 So. 3d 1209, 1210 (Fla. 2d DCA 2009). Affirmed. DAVIS and LaROSE, JJ., Concur.…
  • Osias v. Ric L. Bradshaw, 84 So. 3d 1283 (Fla. 4th DCA 2012)
    …PER CURIAM. Jerry Osias petitions this court for a writ of habeas corpus as the trial court denied his motion to set bond. We grant the petition because of the lack of findings to support that denial. See Roberts v. State, 10 So. 3d 1209 (Fla. 4th DCA 2009); Golden v. Crow, 862 So. 2d 903 (Fla. 2d DCA 2003). Upon remand, the trial court shall either promptly set a reasonable bond or make the requisite findings in support of denial of bond. Roberts, 10 So. 3d 1209. Accordingly, we…
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