Parker v. State
Parker v. State
Opinion of the Court
The Appellant challenges the postconviction court’s summary denial of his rule 3.850 postconvietion motion. Because the Appellant’s third claim that his written judgment does not comport with the oral pronouncement is facially sufficient, we reverse. All other issues are affirmed without further discussion.
The Appellant claims his sentence is illegal because the sentencing judge did not orally pronounce that the sentence was a habitual felony offender sentence; however, the written judgment contains the imposition of a habitual felony offender sentence. The trial court failed to address the Appellant’s claim because the rule 3.850 motion was summarily denied as untimely. However, this Court may construe
AFFIRMED IN PART, REVERSED IN PART, and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.