Firestone v. State

964 So. 2d 888, 2007 Fla. App. LEXIS 15164, 2007 WL 2781026

Opinion

PER CURIAM.

Appellant moved to correct the sentence imposed upon his plea of no contest to criminal charges in four cases: Case Nos. 01-601, 01-661, 01-701, and 01-759. We affirm that portion of the order denying the motion to correct, which was based on the trial court’s finding that the sentencing judge clearly pronounced that the five-year sentence imposed in Case No. 01-759 would be consecutive to the ten-year sentence in Case No. 01-661. However, because the trial court did not orally pronounce sentence in Case No. 01-601, we remand for resentencing in that case. See Fla. R.Crim. P. 3.700(b) (“Every sentence or other final disposition of the case shall be pronounced in open court....”).

Affirmed in part, reversed in part, and remanded for resentencing.

KLEIN, TAYLOR and HAZOURI, JJ., concur.