From Casetext: Smarter Legal Research

Guerra v. State

District Court of Appeal of Florida, Second District
May 5, 2006
927 So. 2d 248 (Fla. Dist. Ct. App. 2006)

Summary

holding that if a discrepancy exists, the written sentence must be corrected to conform to the oral pronouncement

Summary of this case from Torres v. State

Opinion

No. 2D05-2401.

May 5, 2006.

Appeal from the Circuit Court, Desoto County, James S. Parker, J.


Alberto Guerra appeals the denial of his motion to correct jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for further proceedings.

Guerra claims that his written sentencing order does not conform to the trial court's oral pronouncement of sentence. Specifically, Guerra alleges the written sentencing order does not reflect the amount of jail credit that the trial court awarded in its oral pronouncement of sentence. Such claim is cognizable under rule 3.800(a). Hunter v. State, 846 So.2d 1227, 1228 (Fla. 2d DCA 2003); Watts v. State, 790 So.2d 1175, 1176 (Fla. 2d DCA 2001); Williams v. State, 744 So.2d 1156, 1156 (Fla. 2d DCA 1999). If a discrepancy exists between the written sentence and the oral pronouncement, the written sentence must be corrected to conform to the oral pronouncement. Ashley v. State, 850 So.2d 1265, 1268 (Fla. 2003).

In denying Guerra's motion, the postconviction court appears to have ruled that Guerra was not entitled to the specific credit requested. The postconviction court did not address the issue of whether the written sentence conformed to the oral pronouncement, and our record does not contain the transcript of the sentencing hearing. Therefore, we reverse and remand for the postconviction court to review the record and determine whether there is a discrepancy between the oral pronouncement and the written sentencing order. Watts, 790 So.2d at 1176; Williams, 744 So.2d at 1156. If a discrepancy exists, the written sentence must be corrected to conform to the oral pronouncement. Id. If the postconviction court again denies Guerra's claim, it must attach those portions of the record that conclusively refute the allegation. Id.

Reversed and remanded.

SILBERMAN and CANADY, JJ., Concur.


Summaries of

Guerra v. State

District Court of Appeal of Florida, Second District
May 5, 2006
927 So. 2d 248 (Fla. Dist. Ct. App. 2006)

holding that if a discrepancy exists, the written sentence must be corrected to conform to the oral pronouncement

Summary of this case from Torres v. State
Case details for

Guerra v. State

Case Details

Full title:Alberto GUERRA, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 5, 2006

Citations

927 So. 2d 248 (Fla. Dist. Ct. App. 2006)

Citing Cases

W.S.G. v. State

We find the juvenile court erred because "[i]f a discrepancy exists between the written sentence and the oral…

White v. State

” The trial court's summary denial of this claim is reversed and, on remand, the trial court is instructed to…