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875 So. 2d 1286

Flores v. State

District Court of Appeal of Florida · decided 2004-07-09

Cited by 9 later decisions — most recently April 2015

9 state decisions

Relies on 864 So. 2d 1257 - Berthiaume v. State

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Decided 2004-07-09

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PER CURIAM.

¶1Albaro Francisco Flores appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The record shows that the trial court orally pronounced two concurrent sentences of 3 1/2 years’ incarceration. The written sentences, however, reflect terms of incarceration of 3.6 years instead of 3.5 years. Finding that the sentence did not contain a scrivener’s error and that Defendant’s sentence was legal, the trial court denied Defendant’s 3.800(a) motion to correct sentence.

¶2As Defendant’s written sentences do not conform to the judge’s oral pronouncement, and the error is apparent on the face of the record, we reverse the order denying relief and remand the case to the trial court for correction of Defendant’s sentences. See Berthiaume v. State, 864 So.2d 1257 (Fla. 5th DCA2004).

¶3REVERSED and REMANDED.

SAWAYA, C.J., PLEUS and MONACO, JJ., concur.
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