White v. State, 624 So. 2d 811

CONFESSION OF ERROR

PER CURIAM.

Tommy White appeals an order denying his motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Upon the State‘s confession of error, with which we entirely agree, the sentencing order must be corrected to conform to the trial court‘s oral pronouncement of sentence entered on May 27, 1987. At that time the trial court ordered that the sentence in the present case would run concurrent to any sentence imposed on his then pending parole violation. The sentencing order failed to so specify. Accordingly, we reverse the order entered pursuant to the Rule 3.800(a) motion, and remand with directions to amend the sentencing order nunc pro tunc to May 27, 1987, in accordance with the trial court‘s oral sentencing announcement contained in the sentencing transcript.

Reversed and remanded with directions.

Case Details

Case Name: White v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 28, 1993

Citations: 624 So. 2d 811; 1993 WL 392690; 93-1727

Docket Number: 93-1727

Court Abbreviation: Fla. Dist. Ct. App.