Florida District Courts of Appeal, 2000

Vest v. State

Vest v. State
Florida District Courts of Appeal · Decided August 14, 2000 · Barfield, Miner, Padovano
764 So. 2d 909; 2000 Fla. App. LEXIS 10285; 2000 WL 1140173 (Southern Reporter, Second Series)

Vest v. State

Opinion of the Court

BARFIELD, C. J.

We AFFIRM the order summarily denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) on the ground that the issues raised therein are not cognizable in such a motion. However, we note that the portion of the sentencing hearing transcript attached to the motion demonstrates clearly and unambiguously that the trial court imposed two consecutive life sentences with “a one time minimum mandatory” 25-year term, and to the extent the written sentence may be read to impose consecutive minimum mandatory terms, the oral pronouncement of sentence controls over any subsequent written sentence. Farmer v. State, 670 So.2d 1143 (Fla. 1st DCA 1996); Kyle v. State, 648 So.2d 1238 (Fla. 1st DCA 1995).

MINER and PADOVANO, JJ., CONCUR.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.