LUTHER
v.
STATE OF FLORIDA

Fla. 1st DCA | 2026-04-29
No. 2024-0041
Parker, J., Ray, J., Winokur, J., Treadwell, J.
2026 FL 4865 Florida District Court of Appeal, First District (2026)

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Holding

A written sentencing order must conform to the orally pronounced sentence, and where there is conflict, the orally pronounced sentence prevails.


Headnotes

[1] When a trial court's written sentencing order conflicts with its oral pronouncement of sentence, the oral pronouncement controls and the written order must be corrected t…

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Key Quotes

“A written sentencing order must conform to the orally pronounced sentence, and where there is conflict, the orally pronounced sentence prevails.”

Court's statement of controlling law regarding the relationship between oral and written sentencing orders.

Facts & Procedural History

Luther was sentenced by the trial court to concurrent life sentences for Counts I and II, but the written sentencing order incorrectly stated the sent…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

JOSEPH LUTHER, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 1D2024-0041

On appeal from the Circuit Court for Taylor County. Gregory Stuart Parker, Judge.

April 29, 2026

PER CURIAM.

Appellant raises several issues on appeal, but we write to address only one. The trial court orally pronounced concurrent life sentences for Counts I and II, but the written order states that the sentences are to be served consecutively. The State correctly concedes error. A written sentencing order must conform to the orally pronounced sentence, and where there is conflict, the orally pronounced sentence prevails. Ashley v. State, 850 So. 2d 1265, 1268 (Fla. 2003); Morris v. State, 292 So. 3d 838, 839 (Fla. 1st DCA 2020). We therefore REVERSE IN PART and REMAND for the trial court to enter a written sentencing order in conformity with its oral pronouncement. We AFFIRM the judgment and sentence in all other respects.

RAY, WINOKUR, and TREADWELL, JJ., concur.


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