DAVE ROMERO v. STATE OF FLORIDA (2023)

District Court of Appeal of Florida, Sixth District.

DAVE ROMERO, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 6D23-1277

Decided: May 12, 2023

Matthew J. Metz, Public Defender, Daytona Beach, and Natalie R. Gossett, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

Upon concession of error, we reverse and remand for the lower court to enter a corrected sentence as to count 3 to reflect the sentence is to run concurrently with Appellant's federal probation, consistent with the court's oral pronouncement.¹ See Williams v. State, 957 So. 2d 600, 603 (Fla. 2007) (“[W]e have determined that a written sentence that conflicts with the oral pronouncement of [a] sentence imposed in open court is an illegal sentence. Indeed, we have restricted the authority of a trial court to enter a conflicting written sentence in this manner.”).

REVERSED and REMANDED.

FOOTNOTES

1. This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.

SASSO, C.J.

WOZNIAK and WHITE, JJ., concur.

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