Lyons v. State

District Court of Appeal of Florida

Lyons v. State

148 So. 3d 127, 2014 Fla. App. LEXIS 14943

CourtDistrict Court of Appeal of Florida

DecidedSeptember 24, 2014

DocketNos. 2D13-4245, 2D13-4247

StatusPublished

This text of 148 So. 3d 127 (Lyons 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

Lyons v. State, 148 So. 3d 127, 2014 Fla. App. LEXIS 14943 (Fla. Ct. App. 2014).

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Opinion

SILBERMAN, Judge.

McKinsie Alexander Lyons seeks review of convictions in two cases for carrying a concealed firearm; obstructing an officer without violence; driving while license can-celled, suspended, or revoked (second offense); and felonious possession of a firearm. Lyons entered negotiated pleas to the charges while reserving the right to appeal the denial of his motions to dismiss and suppress. Counsel filed briefs pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). In our independent review of the record, we discovered a discrepancy between the sentences that were orally pronounced and the written sentences. The trial court orally pronounced sentences of 41.625 months in prison, but the written sentences impose 41.65 months in prison. Because the oral pronouncement controls, the written sentences are erroneous. See Williams v. State, 957 So.2d 600, 603 (Fla.2007). However, Lyons has not preserved this issue for review by filing a motion to correct sentencing error. See Woodard v. State, 6 So.3d 726, 727 (Fla. 2d DCA 2009). Accordingly, we affirm without prejudice to any right Lyons may have to seek post-conviction relief on this issue. See id.

Affirmed.

WALLACE and BLACK, JJ., Concur.

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SILBERMAN, Judge.

McKinsie Alexander Lyons seeks review of convictions in two cases for carrying a concealed firearm; obstructing an officer without violence; driving while license can-celled, suspended, or revoked (second offense); and felonious possession of a firearm. Lyons entered negotiated pleas to the charges while reserving the right to appeal the denial of his motions to dismiss and suppress. Counsel filed briefs pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). In our independent review of the record, we discovered a discrepancy between the sentences that were orally pronounced and the written sentences. The trial court orally pronounced sentences of 41.625 months in prison, but the written sentences impose 41.65 months in prison. Because the oral pronouncement controls, the written sentences are erroneous. See Williams v. State, 957 So.2d 600, 603 (Fla.2007). However, Lyons has not preserved this issue for review by filing a motion to correct sentencing error. See Woodard v. State, 6 So.3d 726, 727 (Fla. 2d DCA 2009). Accordingly, we affirm without prejudice to any right Lyons may have to seek post-conviction relief on this issue. See id.

Affirmed.

WALLACE and BLACK, JJ., Concur.

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148 So. 3d 127, 2014 Fla. App. LEXIS 14943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyons-v-state-fladistctapp-2014.

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