Legal Opinion

Fisher v. State

District Court of Appeal of Florida

Decided April 15, 2009No. 4D08-3159, 4D09-243Published

1Per curiam

We have consolidated Dale Fisher’s belated appeals of the orders that denied his motions for rule 3.800(a) and 3.850 relief. Both motions present the same claim that the trial court’s written sentence fails to comport with the oral pronouncement associated with other active sentences. Both motions were summarily denied without attachments, comment, or a request for the state to respond. See Fleming v. State, 980 So.2d 1110 (Fla. 4th DCA 2008); Terry v. State, 970 So.2d 863 (Fla. 4th DCA 2007). We reverse and remand for further review of the claim, noting that the relief offered under a rule…

2Cases cited3 opinions

  1. Williams v. StateSupreme Court of Florida · 2007
  2. Terry v. StateDistrict Court of Appeal of Florida · 2007
  3. Fleming v. StateDistrict Court of Appeal of Florida · 2008

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