CARLOS ALVERTO HERNANDEZ
v.
STATE OF FLORIDA

Fla. 4th DCA | 2018-04-11
No. 16-1685
240 So. 3d 778 Florida District Court of Appeal, Fourth District (2018)

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Holding

Where the State concedes sentencing error, the court remands to correct discrepancies between oral and written sentences and vacates convictions where appropriate.


Headnotes

[1] When the State concedes sentencing error, a trial court's written sentence must be corrected to accurately reflect the oral pronouncement of sentence.

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Facts & Procedural History

Hernandez was convicted of reckless driving (count three) and other offenses (counts four and five). Sentencing documents contained discrepancies betw…

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Opinion of the Court

PER CURIAM. The State concedes error as to the sentencing issues that arose in this case. As to the reckless driving conviction in count three, this cause is remanded to the trial court to correct the written sentence to accurately reflect the oral pronouncement of sentence by the trial court. The convictions for counts four and five are vacated. All other issues are affirmed. Affirmed in part and reversed and remanded in part. CIKLIN, CONNER, JJ., and ROBERTS, KATHLEEN, Associate Judge, concur. * * * Not final until disposition of timely filed motion for rehearing.


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