Hurt v. State

Appellant challenges the trial court’s order summarily denying his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800.1

*676Because the trial court failed to attach portions of the record to conclusively refute Appellant’s claim that the sentence contained in the written judgment is inconsistent with the orally pronounced sentence, we reverse.

Appellant alleges that the sentence pronounced in open court was a 5-year term of imprisonment to be followed by a 5-year term of probation. The sentence recorded in the written judgement is a 15-year term of imprisonment with…