BILLY J. WELLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BILLY J. WELLS, APPELLANT,
STATE OF FLORIDA, APPELLEE
886 So. 2d 265
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appellant challenges the trial court’s summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the motion states a cognizable claim that the written habitual felony offender sentence does not comport with the oral pronouncement of the sentence, we reverse and remand with instructions to determine whether the defendant is entitled to relief. See Fitzpatrick v. State, 863 So. 2d 462 (Fla. 1st DCA 2004); Brooks v. State, 768 So. 2d 513 (Fla. 2d DCA 2000).
REVERSED and REMANDED.
ERVIN, PADOVANO and LEWIS, JJ., concur.
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Rayvell Johnson v. State (Fla. 2d DCA 2020)…e, 957 So. 2d 605 (Fla. 2007); Knight v. State, 808 So. 2d 210 (Fla. 2002); Franke v. State, 997 So. 2d 424 (Fla. 2d DCA 2008); Campbell v. State, 29 So. 3d 1147 (Fla. 1st DCA 2010); Souza v. State, 889 So. 2d 952 (Fla. 5th DCA 2004); State v. Reid, 886 So. 2d 265 (Fla. 5th DCA 2004); Lopez v. State, 833 So. 2d 283 (Fla. 5th DCA 2002). NORTHCUTT, MORRIS, and BLACK, JJ., Concur.…
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Upson v. State (Fla. 5th DCA 2023)…PER CURIAM. AFFIRMED. See State v. Reid, 886 So. 2d 265, 266 (Fla. 5th DCA 2004). WALLIS, LAMBERT, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.…
Authorities Cited
- Fitzpatrick v. State, 863 So. 2d 462 (Fla. 1st DCA 2004)
- Errol D. Brooks v. State, 768 So. 2d 513 (Fla. 2d DCA 2000)