Legal Opinion

Conley v. State

District Court of Appeal of Florida

Decided September 12, 2014No. 5D14-394PublishedCited by 3 opinions

1Per curiam

In this Anders 1 appeal, we affirm the judgment and sentence. However, our independent review of the record pursuant to State v. Causey, 503 So.2d 321 (Fla. 1987), revealed a sentencing error. The trial judge orally sentenced Appellant to serve 20 years in the Department of Corrections (“DOC”) as a habitual felony offender, with a minimum mandatory of 15 years in the DOC as a prison releasee reoffender. However, the sentence, as written, imposes the 20-year sentence, but makes no mention of the 15-year minimum mandatory sentence. The oral pronouncement of sentence controls over the written…

2Cases cited6 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. State v. CauseySupreme Court of Florida · 1987
  3. Williams v. StateSupreme Court of Florida · 2007
  4. Beard v. StateDistrict Court of Appeal of Florida · 2010
  5. Dunbar v. StateDistrict Court of Appeal of Florida · 2010

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Mobley v. StateDistrict Court of Appeal of Florida · 2015
  2. Tyrone K. Powell v. State of FloridaSupreme Court of Florida · 2015
  3. Tyrone K. Powell v. State of FloridaSupreme Court of Florida · 2015

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