Florida District Courts of Appeal, 2014

Cuevas v. State

Cuevas v. State
Florida District Courts of Appeal · Decided March 19, 2014 · Black, Kelly, Villanti
135 So. 3d 449; 2014 WL 1051967; 2014 Fla. App. LEXIS 3968; 39 Fla. L. Weekly Fed. D 580 (Southern Reporter, Third Series)

Cuevas v. State

Opinion of the Court

KELLY, Judge.

Eryc Cuevas appeals from his sentence for lewd or lascivious molestation. He correctly argues that, although the trial court orally pronounced that he was being sentenced as a prison releasee reoffender, the written sentence contains both a prison releasee reoffender and a habitual felony offender designation. Accordingly, we affirm Cuevas’s judgment and life sentence, but remand to the trial court for correction of the written sentence to conform to the oral pronouncement. See Ashley v. State, 850 So.2d 1265, 1268 (Fla. 2003) (noting that a trial court’s oral pronouncement of sentence controls over the written document).

Affirmed in part, reversed in part, and remanded.

VILLANTI and BLACK, JJ., Concur.

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