Thomas v. State, 91-2389.
| Decision Date | 18 March 1992 |
| Docket Number | No. 91-2389.,91-2389. |
| Citation | 595 So.2d 287 |
| Parties | Danny L. THOMAS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Danny L. Thomas, Belle Glade, pro se appellant.
No appearance required for appellee.
Appellant challenges the trial court's denial of his rule 3.800(a) motion to correct illegal sentence.
Pages ten and eleven of the transcript of the January 26, 1984, sentencing hearing in Case No. 82-5831 reflect that the trial court orally pronounced that the 15-year sentence imposed in Case No. 82-5831 was to run consecutively to the 15-year sentence appellant was already serving for violation of probation in Case No. 81-1773. Accordingly, the court's later correction in August of 1984 of the written sentence to conform to its oral pronouncement was proper. See Tetro v. State, 581 So.2d 1009 (Fla. 4th DCA 1991). In addition, we note that the appellant failed to appeal the trial court's later sentencing order. Rule 3.800 is not intended to be a substitute for appeal.
After review of the initial brief and the record on appeal we conclude that appellant has failed to demonstrate a preliminary basis for reversal. Accordingly, we affirm this case summarily, pursuant to rule 9.315, Florida Rules of Appellate Procedure.
AFFIRMED.
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...written sentencing orders must conform to the trial court's oral pronouncements at the sentencing hearing. See, e.g., Thomas v. State, 595 So.2d 287 (Fla. 4th DCA 1992); Williamson, 569 So.2d at 1369. At the sentencing hearing, the trial court ordered that appellant receive credit for 262 d......
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Moreland v. State, 4D02-2042.
...See, e.g., Anthony v. State, 705 So.2d 131 (Fla. 4th DCA 1998); Gibbs v. State, 693 So.2d 65 (Fla. 4th DCA 1997); Thomas v. State, 595 So.2d 287 (Fla. 4th DCA 1992). Where there is no ambiguity in the trial court's oral pronouncement, the sentencing order must be corrected to reflect the or......
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Anthony v. State, 96-2291
...the sentencing hearing prevail over the written sentencing form. See Gibbs v. State, 693 So.2d 65 (Fla. 4th DCA 1997); Thomas v. State, 595 So.2d 287 (Fla. 4th DCA 1992). GUNTHER and GROSS, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, ...
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Aromashodu v. State, 94-2467
...her, the written order failed to correctly reflect that pronouncement. Pursuant to the holding of this court in Thomas v. State, 595 So.2d 287 (Fla. 4th DCA 1992), the reference in the written order must be corrected to conform to the oral pronouncement. It should be noted that the appellee......