ANDRES LUNA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1993-12-23
No. 93-96
GOSHORN, PETERSON and GRIFFIN, JJ., concur.
627 So. 2d 625 Florida District Court of Appeal, Fifth District (1993) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

[*626] PER CURIAM.

Appellant’s convictions for battery on a law enforcement officer and resisting arrest without violence are affirmed. However, because the State fails to concede the correctness of the sentencing transcript, appellant’s sentences are reversed and the cause is remanded to the trial court to resolve the apparent conflict between the written sentencing order and oral pronouncement of those sentences in open court. See Lester v. State, 563 So. 2d 178 (Fla. 5th DCA 1990).

AFFIRMED in part; REVERSED in part, and REMANDED for resentencing.

GOSHORN, PETERSON and GRIFFIN, JJ., concur.


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  • Edwards v. State, 652 So. 2d 1276 (Fla. 5th DCA 1995)
    …ons of the record to refute the allega [*1277] tions, review is limited to determining whether, accepting the allegations as true, the motion shows the defendant is not entitled to relief. Gorham v. State, 521 So. 2d 1067 (Fla. 1988); Deen v. State, 627 So. 2d 625 (Fla. 5th DCA 1993); Waters v. State, 612 So. 2d 685 (Fla. 5th DCA 1993); Debose v. State, 580 So. 2d 638 (Fla. 5th DCA 1991). The order summarily denying the defendant’s Rule 3.850 motion is reversed as to the two claims discussed above and reman…
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