Legal Opinion

Richard S. Davis v. State

District Court of Appeal of Florida

Decided October 14, 2016No. 5D16-269Published

1Per curiam

Richard S. Davis appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. We affirm. However, as to Davis’ claim that the written sentence does not conform to the trial court’s oral pronouncement, our affirmance is without prejudice to his ability to file an amended motion raising the same claim, while specifying in that claim the date of the sentencing hearing to which he is referring. 1

AFFIRMED.

BERGER, WALLIS and EDWARDS, JJ., concur.

1. Should Davis decide to refile his motion, he must attach to it a copy of the…

2Cases cited2 opinions

  1. Beard v. StateDistrict Court of Appeal of Florida · 2010
  2. McLendon v. StateDistrict Court of Appeal of Florida · 2011

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API