Gardner v. State

Mar 18, 1998
97-4322
Reporters:
,
Before:
Dell, Farmer, Klein (per curiam)

PER CURIAM.

Appellant Kenneth Gardner timely appeals the denial of a motion in which he claimed that his written sentences did not conform to the oral pronouncements. Because his motion was filed more than two years after his sentence became final, if he is to obtain any relief, it must be pursuant to rule 3.800(a), Florida Rules of Criminal Procedure.

We affirm the trial court‘s decision because the alleged error would not result in an illegal sentence. The Florida Supreme Court has limited rule 3.800(a) relief to sentences that exceed the maximum allowed by law. King v. State, 681 So.2d 1136, 1140 (Fla.1996); Davis v. State, 661 So.2d 1193 (Fla.1995). The written sentences in Gardner‘s case do not exceed the maximum punishments permitted for his offenses.

AFFIRMED.

DELL, FARMER and KLEIN, JJ., concur.