Vest v. State

District Court of Appeal of Florida

Vest v. State

764 So. 2d 909, 2000 Fla. App. LEXIS 10285, 2000 WL 1140173

CourtDistrict Court of Appeal of Florida

DecidedAugust 14, 2000

DocketNo. 1D99-4660

StatusPublished

This text of 764 So. 2d 909 (Vest 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

Vest v. State, 764 So. 2d 909, 2000 Fla. App. LEXIS 10285, 2000 WL 1140173 (Fla. Ct. App. 2000).

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Opinion

BARFIELD, C. J.

We AFFIRM the order summarily denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) on the ground that the issues raised therein are not cognizable in such a motion. However, we note that the portion of the sentencing hearing transcript attached to the motion demonstrates clearly and unambiguously that the trial court imposed two consecutive life sentences with “a one time minimum mandatory” 25-year term, and to the extent the written sentence may be read to impose consecutive minimum mandatory terms, the oral pronouncement of sentence controls over any subsequent written sentence. Farmer v. State, 670 So.2d 1143 (Fla. 1st DCA 1996); Kyle v. State, 648 So.2d 1238 (Fla. 1st DCA 1995).

MINER and PADOVANO, JJ., CONCUR.

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BARFIELD, C. J.

We AFFIRM the order summarily denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) on the ground that the issues raised therein are not cognizable in such a motion. However, we note that the portion of the sentencing hearing transcript attached to the motion demonstrates clearly and unambiguously that the trial court imposed two consecutive life sentences with “a one time minimum mandatory” 25-year term, and to the extent the written sentence may be read to impose consecutive minimum mandatory terms, the oral pronouncement of sentence controls over any subsequent written sentence. Farmer v. State, 670 So.2d 1143 (Fla. 1st DCA 1996); Kyle v. State, 648 So.2d 1238 (Fla. 1st DCA 1995).

MINER and PADOVANO, JJ., CONCUR.

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Bluebook (online)

764 So. 2d 909, 2000 Fla. App. LEXIS 10285, 2000 WL 1140173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vest-v-state-fladistctapp-2000.

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