JEFFERY CORNET, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2012-09-19
No. 3D12-127
Before WELLS, C.J., and FERNANDEZ, J., and SCHWARTZ, Senior Judge.
98 So. 3d 1215 Florida District Court of Appeal, Third District (2012) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Jeffery Cornet petitions this Court for a writ of habeas corpus. We treat the petition as one for a belated appeal, pursuant to rule 9.141(c), Florida Rule of Appellate Procedure, and deny the petition.

Cornet entered a guilty plea on July 18, 2011. He thereafter moved to withdraw his plea. The trial court denied the motion as untimely filed, without prejudice to the filing of a timely Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. Cornet, however, failed to state the basis, see rule 9.141(c), Florida Rule of Appellate Procedure, for a belated appeal in his petition before this Court. See also Battie v. Singletary, 718 So.2d 323, 324 (Fla. 3d DCA 1998).

Petition denied.


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  • Robertson v. State, 134 So. 3d 548 (Fla. 3d DCA 2014)
    …osed to accurately reflect the trial court’s oral pronouncement. See Scott v. State, 109 So. 3d 866, 866 (Fla. 3d DCA 2018) (“The oral pronouncement of sentence prevails over a subsequent and conflicting written sentencing order.”); Wright v. State, 98 So. 3d 1215, 1216 (Fla. 3d DCA 2012) (“[A]ny discrepancy between the oral pronouncement and the written sentence requires the written sentence to be corrected to conform to the court’s oral pronouncement.”); see also Jackson v. State, 983 So. 2d 562, 569, 572 (…
  • Nelson v. State, 233 So. 3d 1180 (Fla. 3d DCA 2017)
    …ng orders, the trial court attempted to correct the discrepancy. See Scott v. State, 109 So. 3d 866, 866 (Fla. 3d DCA 2013) (“The oral pronouncement of sentence prevails over a subsequent and conflicting written sentencing order.”); Wright v. State, 98 So. 3d 1215, 1216 (Fla. 3d DCA 2012) (“[A]ny discrepancy between the oral pronouncement and the written sentence requires the written sentence to be corrected to conform to the court’s oral pronouncement.”). But as the State commendably acknowledges, the correc…

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