ALEX TORRES
v.
STATE OF FLORIDA

Fla. 2d DCA | 2019-11-22
No. 18-1363
Pryor, Carnes, Hull
Florida District Court of Appeal, Second District (2019)

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Holding

When an oral sentence pronouncement conflicts with the written sentence, the written sentence must be amended to conform to what the sentencing court orally pronounced.


Headnotes

[1] When a sentencing court's oral pronouncement conflicts with the written judgment and sentence regarding whether sentences run concurrently or consecutively, the written s…

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Facts & Procedural History

Alex Torres appealed his amended first-degree murder sentence imposed following resentencing pursuant to a prior appellate mandate. The sentencing cou…

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Opinion of the Court

PER CURIAM

Alex Torres appeals from his amended sentence for first-degree murder rendered after he was resentenced pursuant to this court's mandate in Torres v. State, 159 So. 3d 164 (Fla. 2d DCA 2015). We affirm the amended sentence without comment. We note, however, that the sentencing court orally pronounced that the amended murder sentence would run concurrently with Mr. Torres's sentences for several other offenses, but the written amended sentence states that the sentences for those other offenses shall run consecutively to the murder sentence. We therefore remand this matter with instructions for the sentencing court to render amended sentences that conform to its oral pronouncement. See, e.g., Hios v. State, 586 So. 2d 510, 511 (Fla. 2d DCA 1991); Jones v. State, 575 So. 2d 309, 309 (Fla. 2d DCA 1991).

Affirmed; remanded with instructions.

KELLY, SALARIO, and ATKINSON, JJ., Concur.


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