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Vest v. State

District Court of Appeal of Florida, First District
Aug 14, 2000
764 So. 2d 909 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-4660

Opinion filed August 14, 2000.

An appeal from the Circuit Court for Okaloosa County, Judge G. Robert Barron.

Roy Elbert Vest, pro se, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.


We AFFIRM the order summarily denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) on the ground that the issues raised therein are not cognizable in such a motion. However, we note that the portion of the sentencing hearing transcript attached to the motion demonstrates clearly and unambiguously that the trial court imposed two consecutive life sentences with "a one time minimum mandatory" 25-year term, and to the extent the written sentence may be read to impose consecutive minimum mandatory terms, the oral pronouncement of sentence controls over any subsequent written sentence. Farmer v. State, 670 So.2d 1143 (Fla. 1st DCA 1996); Kyle v. State, 648 So.2d 1238 (Fla. 1st DCA 1995).

MINER and PADOVANO, JJ., CONCUR.


Summaries of

Vest v. State

District Court of Appeal of Florida, First District
Aug 14, 2000
764 So. 2d 909 (Fla. Dist. Ct. App. 2000)
Case details for

Vest v. State

Case Details

Full title:ROY ELBERT VEST, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Aug 14, 2000

Citations

764 So. 2d 909 (Fla. Dist. Ct. App. 2000)