Legal Opinion

Mallon v. State

District Court of Appeal of Florida

Decided October 6, 2006No. 5D06-1699PublishedCited by 2 opinions

1Per curiam

Eric Mallon appeals the summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion seeking to have an alleged discrepancy between the oral pronouncement of sentence and the written sentencing order resolved.1 Specifically, Mallon’s motion acknowledges that the written sentencing order imposed consecutive minimum mandatory terms on his two life sentences, but contends that when it orally imposed the sentence, the trial court actually imposed concurrent minimum mandatory terms.2 Accordingly, Mallon asserts that his sentences should be corrected to reflect their concurrent nature…

2Cases cited3 opinions

  1. Berthiaume v. StateDistrict Court of Appeal of Florida · 2004
  2. England v. StateDistrict Court of Appeal of Florida · 2004
  3. Mallon v. StateDistrict Court of Appeal of Florida · 1993

3Cited by2 opinions

  1. Harris v. StateDistrict Court of Appeal of Florida · 2015
  2. Michael W. Nelson v. StateDistrict Court of Appeal of Florida · 2017

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