JESSE RONNIE STRICKLAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Strickland appeals from the summary denial of his motion for post-conviction relief. Although Strickland has designated his motion as being filed pursuant to Florida Rule of Criminal Procedure 3.800, the trial court treated his motion as a rule 3.850 motion and denied same as untimely. We affirm, except as to Strickland’s claim that the trial court’s oral pronouncement of sentence with regard to costs conflicted with the written judgment.
*907The Florida Supreme Court has held that an alleged discrepancy between the orally pronounced sentence and the written judgment of sentence is cognizable in a Rule 3.800(a) motion to correct illegal sentence. Williams v. State, 957 So.2d 600 (Fla.2007). The State concedes that, as to this issue, reversal is required because the trial court failed to attach documentation to its order conclusively refuting Strickland’s claim.
AFFIRMED in part; REVERSED in part; REMANDED.
PALMER, TORPY and EVANDER, JJ., concur.
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Citator
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Samori K. Walden v. State, 112 So. 3d 578 (Fla. 4th DCA 2013)…shment imposed. We have not located a case in which our supreme court has applied rule 3.800(a) to correct the imposition of costs not orally imposed. Two cases have used rule 3.800(a) to strike costs not orally pronounced. See Strickland v. State, 56 So. 3d 906 (Fla. 5th DCA 2011); Benner v. State, 974 So. 2d 578 (Fla. 1st DCA 2008). Strickland relied on Williams. We certify conflict with those cases. We therefore affirm the summary denial of the motion to correct a sentencing error, concluding that such…
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Durant v. State, 177 So. 3d 995 (Fla. 5th DCA 2015)…was sentenced that the trial court rendered an illegal sentence when it entered a written sentencing order that imposed costs and fees that were not orally announced during the sentencing hearing. Durant argues that pursuant to Strickland v. State, 56 So. 3d 906, 907 (Fla. 5th DCA 2011), the trial court erred in denying his motion. To the extent Strickland holds that errors in the imposition of fees and costs constitute an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), we recede from St…1 / 2
Authorities Cited
- Williams v. State, 957 So. 2d 600 (Fla. 2007)