RODNEY CALVIN MCCUTCHEON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1999-07-07
No. 99-1744
STONE, KLEIN, and SHAHOOD, JJ„ concur.
740 So. 2d 572 Florida District Court of Appeal, Fourth District (1999) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We treat this petition for writ of certiorari as an appeal of an order denying relief under criminal procedure rule 3.800 and affirm.

STONE, KLEIN, and SHAHOOD, JJ„ concur.


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  • Regino v. State, 921 So. 2d 845 (Fla. 2d DCA 2006)
    …prison term of ten years. We are compelled to reverse the post-conviction court’s denial of Mr. Regino’s second claim because the trial court did not orally pronounce a minimum mandatory term for Mr. Regino’s HVFO sentence. See Winchell v. State, 740 So. 2d 572 (Fla. 2d DCA 1999). On remand, the trial court should enter a written sentence that conforms with the original oral pronouncement. See id. [*846] Affirmed in part, reversed in part, and remanded. STRINGER and WALLACE, JJ., Concur.…
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    …e of the appellate court’s decision rather than the law in effect at the time judgment was entered). Pursuant to Hudson, Robbins was entitled to either have the written judgment corrected to conform to the oral pronouncement, see Winchell v. State, 740 So. 2d 572 (Fla. 2d DCA 1999) (holding that where trial court failed to orally pronounce permissive minimum mandatory sentence it would be stricken) or to have the trial court reconsider whether to impose the minimum mandatory sentence. See Kelly v. State, 727…

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