Legal Opinion

Vaughn v. State

District Court of Appeal of Florida

Decided July 7, 2011No. 1D10-2790PublishedCited by 21 opinions

1Per curiam

Jamarl Vaughn, the appellant, raises four issues on appeal. We affirm the first two without discussion. However, we reverse and remand the remaining two issues for correction of sentencing errors.

The state correctly concedes that the court’s written order imposing Vaughn’s sentence conflicts with the court’s oral pronouncement regarding credit for time served. A written sentence that conflicts with an oral pronouncement of a sentence is an illegal sentence, and may be remedied in a rule 3.800 proceeding. Allwine v. State, 42 So.3d 291, 293 (Fla. 4th DCA 2010) (citing Williams v. State, 957…

2Cases cited5 opinions

  1. Williams v. StateSupreme Court of Florida · 2007
  2. Bryant v. StateDistrict Court of Appeal of Florida · 1995
  3. Fisher v. StateDistrict Court of Appeal of Florida · 1997
  4. Parker v. StateDistrict Court of Appeal of Florida · 2010
  5. Allwine v. StateDistrict Court of Appeal of Florida · 2010

3Cited by21 opinions

  1. Mills v. StateDistrict Court of Appeal of Florida · 2015
  2. Hills v. StateDistrict Court of Appeal of Florida · 2012
  3. DeSalvo v. StateDistrict Court of Appeal of Florida · 2013
  4. Kirkland v. StateDistrict Court of Appeal of Florida · 2013
  5. Thomas v. StateDistrict Court of Appeal of Florida · 2018

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