Byrd v. State

Appellant filed a rule 3.800(a) motion asserting-that his sentence has been improperly enhanced by the habitual felony offender statute (HFO), because one of thé two predicate offenses was actually a misdemeanor,- not a felony.- He'has attached a copy of the sentencing hearing transcript in the underlying case, which indicates the trial court convicted him of misdemeanor petit theft, but not robbery. The oral pronouncement prevails over the written judgment. State v. Williams, 870 So.2d 207 (Fla. 1st-DCA 2004). The state concedes that the postconviction court has not conclusively refuted this…