Cuevas v. State

District Court of Appeal of Florida

Cuevas v. State

135 So. 3d 449, 2014 WL 1051967, 2014 Fla. App. LEXIS 3968, 39 Fla. L. Weekly Fed. D 580

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 2014

DocketNo. 2D12-2855

StatusPublished

This text of 135 So. 3d 449 (Cuevas v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cuevas v. State, 135 So. 3d 449, 2014 WL 1051967, 2014 Fla. App. LEXIS 3968, 39 Fla. L. Weekly Fed. D 580 (Fla. Ct. App. 2014).

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Opinion

KELLY, Judge.

Eryc Cuevas appeals from his sentence for lewd or lascivious molestation. He correctly argues that, although the trial court orally pronounced that he was being sentenced as a prison releasee reoffender, the written sentence contains both a prison releasee reoffender and a habitual felony offender designation. Accordingly, we affirm Cuevas’s judgment and life sentence, but remand to the trial court for correction of the written sentence to conform to the oral pronouncement. See Ashley v. State, 850 So.2d 1265, 1268 (Fla.2003) (noting that a trial court’s oral pronouncement of sentence controls over the written document).

Affirmed in part, reversed in part, and remanded.

VILLANTI and BLACK, JJ., Concur.

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KELLY, Judge.

Eryc Cuevas appeals from his sentence for lewd or lascivious molestation. He correctly argues that, although the trial court orally pronounced that he was being sentenced as a prison releasee reoffender, the written sentence contains both a prison releasee reoffender and a habitual felony offender designation. Accordingly, we affirm Cuevas’s judgment and life sentence, but remand to the trial court for correction of the written sentence to conform to the oral pronouncement. See Ashley v. State, 850 So.2d 1265, 1268 (Fla.2003) (noting that a trial court’s oral pronouncement of sentence controls over the written document).

Affirmed in part, reversed in part, and remanded.

VILLANTI and BLACK, JJ., Concur.

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Bluebook (online)

135 So. 3d 449, 2014 WL 1051967, 2014 Fla. App. LEXIS 3968, 39 Fla. L. Weekly Fed. D 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cuevas-v-state-fladistctapp-2014.

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