SELENA POLITE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Williams v. State, 957 So. 2d 600 (Fla. 2007)
  …dress for discrepancies between written and oral sentences under rule 3.800(a). See Berthiaume, 864 So. 2d at 1257; see also England v. State, 879 So. 2d 660 (Fla. 5th DCA 2004); Pittman v. State, 859 So. 2d 555 (Fla. 5th DCA 2003); Polite v. State, 847 So. 2d 1156 (Fla. 5th DCA 2003); Thomas v. State, 778 So. 2d 429 (Fla. 5th DCA 2001). But see Chico v. State, 734 So. 2d 519 (Fla. 5th DCA 1999) (rule 3.800 motion not cognizable because relief was not apparent on the face of the record). In Williams, the Four…
• Berthiaume v. State, 864 So. 2d 1257 (Fla. 5th DCA 2004)
  …the use of rule 3.800(a) to address discrepancies between the oral pronouncement of a sentence and the written judgment. See Pittman v. State, 859 So. 2d 555 (Fla. 5th DCA 2003); Greene v. State, 853 So. 2d 1114 (Fla. 1st DCA 2003); Polite v. State, 847 So. 2d 1156 (Fla. 5th DCA 2003); Cote v. State, 841 So. 2d 488 (Fla. 2d DCA 2003); Thomas v. State, 778 So. 2d 429 (Fla. 5th DCA 2001). We reverse the appealed order and remand for a determination whether the written sentences conform to the oral pronouncemen…
• Aument v. State, 868 So. 2d 682 (Fla. 5th DCA 2004)
  …rrect that error as the issue was not preserved for review by the filing of a timely motion to correct sentence pursuant to Florida Rule Criminal Procedure 3.800(b). See e.g. Highberger v. State, 863 So. 2d 1256 (Fla. 5th DCA 2004); Polite v. State, 847 So. 2d 1156 (Fla. 5th DCA 2003). Accordingly, we affirm the defendant’s convictions and sentences without prejudice to file a timely postconviction motion to correct the sentencing discrepancy. AFFIRMED. THOMPSON, ORFINGER and MONACO, JJ., concur. . An…

Authorities Cited

• Washington v. State, 814 So. 2d 1187 (Fla. 5th DCA 2002)