Luther v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: April 29, 2026
• Docket: 1D2024-0041
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D2024-0041 _____________________________

JOSEPH LUTHER,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Taylor County. Gregory Stuart Parker, Judge.

April 29, 2026

PER CURIAM.

Appellant raises several issues on appeal, but we write to address only one. The trial court orally pronounced concurrent life sentences for Counts I and II, but the written order states that the sentences are to be served consecutively. The State correctly concedes error. A written sentencing order must conform to the orally pronounced sentence, and where there is conflict, the orally pronounced sentence prevails. Ashley v. State, 850 So. 2d 1265, 1268 (Fla. 2003); Morris v. State, 292 So. 3d 838, 839 (Fla. 1st DCA 2020). We therefore REVERSE IN PART and REMAND for the trial court to enter a written sentencing order in conformity with its oral pronouncement. We AFFIRM the judgment and sentence in all other respects. RAY, WINOKUR, and TREADWELL, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Jessica J. Yeary, Public Defender, and Richard M. Bracey, III, Assistant Public Defender, Tallahassee, for Appellant.

James Uthmeier, Attorney General, and Julian E. Markham, III, Tallahassee, for Appellee.