Summary
affirming defendant's conviction and sentence without prejudice to the filing of a rule 3.800 motion where written sentence did not conform to oral pronouncements and stating that "the trial court must correct the written sentences pursuant to a Rule 3.800 motion"
Summary of this case from Brown v. StateOpinion
Nos. 3D15–1150 3D15–1151 3D15–1152.
03-16-2016
Giovanny LLUIS, Appellant, v. The STATE of Florida, Appellee.
Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.
Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.
Before SUAREZ, C.J., and LAGOA and SALTER, JJ.
PER CURIAM.
We affirm defendant's convictions and sentences without prejudice to the defendant filing a Florida Rule of Criminal Procedure 3.800(a) motion. As the State properly concedes, the written sentences do not conform to the trial court's oral pronouncements and the trial court must correct the written sentences pursuant to a Rule 3.800(a) motion.
Affirmed, without prejudice.