Opinion
Case No. 4D01-301
Opinion filed July 18, 2001 Rehearing Denied August 23, 2001
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ronald J. Rothschild, Judge; L.T. Case No. 95-4568CF10.
Larry Keith Jackson, Wewahitchka, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.
Larry Keith Jackson appeals the summary denial of his post-conviction motion. He alleged several grounds for relief, including a claim that his written sentence varied from the sentence as orally pronounced. The trial court erred in finding that this is the type of claim that can be raised only on direct appeal. See , e.g ., Graydon v. State, 647 So.2d 1080 (Fla. 4th DCA 1995); Morris v. State, 452 So.2d 1127 (Fla. 4th DCA 1984).
We reverse and remand for further proceedings on this point only. Denial was required on Jackson's remaining allegations, so the order is affirmed in all other respects.
DELL, TAYLOR, and HAZOURI, JJ., concur.