Legal Opinion

Clark v. State

District Court of Appeal of Florida

Decided May 12, 2014No. 1D13-5850Published

1Per curiam

We affirm the summary denial of the appellant’s rule Motion for Post Conviction Relief filed pursuant to Florida Rule of Criminal Procedure 3.850. However, we remand for correction of scrivener’s errors in the judgment and sentence which are in variance with the sentencing court’s statements during the plea colloquy and its oral pronouncement during sentencing, as the postconviction court recognized in its order summarily denying the appellant’s motion. See Skiba v. State, 67 So.3d 337 (Fla. 4th DCA 2011); Pressley v. State, 726 So.2d 403 (Fla. 2d DCA 1999). Specifically, the written judgment…

2Cases cited2 opinions

  1. Pressley v. StateDistrict Court of Appeal of Florida · 1999
  2. Skiba v. StateDistrict Court of Appeal of Florida · 2011

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