ERYC CUEVAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2014-03-19
No. 2D12-2855
VILLANTI and BLACK, JJ., Concur.
135 So. 3d 449 Florida District Court of Appeal, Second District (2014) Positive Treatment
Cited by 2 cases
Opinion of the Court
KELLY, Judge.

KELLY, Judge.

Eryc Cuevas appeals from his sentence for lewd or lascivious molestation. He correctly argues that, although the trial court orally pronounced that he was being sentenced as a prison releasee reoffender, the written sentence contains both a prison releasee reoffender and a habitual felony offender designation. Accordingly, we affirm Cuevas’s judgment and life sentence, but remand to the trial court for correction of the written sentence to conform to the oral pronouncement. See Ashley v. State, 850 So.2d 1265, 1268 (Fla.2003) (noting that a trial court’s oral pronouncement of sentence controls over the written document).

Affirmed in part, reversed in part, and remanded.

VILLANTI and BLACK, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Denman v. State (Fla. 2d DCA 2021)
    …the sentencing transcript indicates that Denman is correct. As such, on remand, the trial court shall also strike the HFO designation from the sentence so that the written sentence comports with the court's oral pronouncement. See Cuevas v. State, 135 So. 3d 449, 449 (Fla. 2d DCA 2014) ("[A] trial court's oral pronouncement of sentence controls over the written document." (citing Ashley v. State, 850 So. 2d 1265, 1268 (Fla. 2003))). Finally, after Denman filed his notice of appeal in case number 2D19-1687,…
  • Denman v. State (Fla. 2d DCA 2021)
    …the sentencing transcript indicates that Denman is correct. As such, on remand, the trial court shall also strike the HFO designation from the sentence so that the written sentence comports with the court's oral pronouncement. See Cuevas v. State, 135 So. 3d 449, 449 (Fla. 2d DCA 2014) ("[A] trial court's oral pronouncement of sentence controls over the written document." (citing Ashley v. State, 850 So. 2d 1265, 1268 (Fla. 2003))). Finally, after Denman filed his notice of appeal in case number 2D19-1687,…

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