Lluis v. State

Third District Court of Appeal

State of Florida Opinion filed March 16, 2016.

Not final until disposition of timely filed motion for rehearing.

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Nos. 3D15-1152, 3D15-1151, 3D15-1150

Lower Tribunal Nos. 14-155 A P, 14-172 A P, 14-174 A P

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Giovanny Lluis, Appellant, vs. The State of Florida, Appellee.

Appeals from the Circuit Court for Monroe County, Luis M. Garcia, Judge. Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public

Defender, for appellant.

Pamela Jo Bondi, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

Before SUAREZ, C.J., and LAGOA and SALTER, JJ.

PER CURIAM.

We affirm defendant’s convictions and sentences without prejudice to the defendant filing a Florida Rule of Criminal Procedure 3.800(a) motion. As the State properly concedes, the written sentences do not conform to the trial court’s oral pronouncements and the trial court must correct the written sentences pursuant to a Rule 3.800(a) motion.

Affirmed, without prejudice.