JASON WELLS
v.
STATE OF FLORIDA
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A trial court's amended sentence must clearly and fully document that a defendant's sentence runs concurrently with sentences in other cases when that was the essential term of the negotiated plea agreement.
[1] A trial court's amended sentence intended to implement concurrent sentencing must be clearly documented in the written sentencing order to properly reflect the negotiated…
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Join FLexlaw to unlock all legal intelligence“the trial court intended to correct the sentence, the amended written sentence fails to fully document that Wells's sentence in this case runs concurrently with all of his other cases”
The court's explanation of why reversal and remand were necessary despite the trial court's apparent intent to correct the error
Jason Wells pleaded guilty to four felonies pursuant to a plea agreement requiring his prison sentence to run concurrently with sentences in his other…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
JASON WELLS, Appellant,
V.
STATE OF FLORIDA, Appellee.
Case No. 5D2025-2922 LT Case No. 2022-CF-001689-A
3.850 Appeal from the Circuit Court for Hernando County. Stephen E. Toner, Jr., Judge.
Jason Wells, Madison, pro se.
James Uthmeier, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
May 8, 2026
PER CURIAM.
Appellant Jason Wells pleaded guilty to and was convicted of (i) shooting into building or dwelling, (ii) extortion, (iii) possession of a firearm by a convicted felon, and (iv) use of a two-way communications device. Pursuant to a negotiated plea agreement with the State, he was sentenced to ten years in prison followed by ten years of probation. It is undisputed that the negotiated plea
called for his prison sentence to run concurrently with his sentences in other cases in Alachua and Sumter counties. However, when Wells was delivered into the custody of the Department of Corrections, he was told that his prison sentence here would run consecutively to all other cases because the sentencing paperwork did not indicate concurrent sentences were imposed.
As a result, Wells filed a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, arguing that his plea was involuntary because counsel advised him that the sentence in this case would run concurrently with sentences in his other cases. After the State conceded that the negotiated plea contemplated concurrent sentences, the trial court entered an amended sentence and dismissed as moot Wells's post-conviction motion.
Wells filed his notice of appeal and argues that dismissal of his motion was improper because the amended sentence failed to correct the matter. The State concedes that reversal is required because, while it appears the trial court intended to correct the sentence, the amended written sentence fails to fully document that Wells's sentence in this case runs concurrently with all of his other cases.
Accordingly, the trial court's dismissal of Wells's postconviction motion is REVERSED, and this case REMANDED to the trial court for further proceedings.
REVERSED and REMANDED for further proceedings.
JAY, C.J., and SOUD and MACIVER, JJ., concur.