TAYLOR v. STATE (2019)

Appellant appeals his conviction for first-degree murder, false imprisonment, burglary, three counts of aggravated assault, and possession of a firearm by a felon. He is currently serving two consecutive life sentences, four consecutive five-year sentences, and a consecutive fifteen-year sentence. Appellant raises a number of issues on appeal regarding the introduction of evidence pertaining to a restraining order the victim had against him, improper closing arguments, and the denial of a requested jury instruction. We find these arguments to be without merit and affirm appellant's convictions without further discussion.

However, we reverse for the trial court to correct an error in appellant's sentence. During its sentencing pronouncement, the trial court did not specify whether the aggravated assault sentences were to run concurrently or consecutively to one another, but it then issued a written sentence indicating that they were to run consecutively. Appellant preserved the issue by filing a motion to correct sentencing error.

Sentences for offenses charged in the same indictment must be served “concurrently unless the court directs that two or more of the sentences be served consecutively.” § 921.16(1), Fla. Stat. (2018). Additionally, a trial court's written sentence must conform to its orally pronounced sentence. See Marshall v. State, 78 So. 3d 72, 73 (Fla. 4th DCA 2012).¹ As such, we reverse and remand for the trial court to correct its written sentence to comply with its orally pronounced sentence and section 921.16, Florida Statutes.

Affirmed in part, reversed in part, and remanded.

FOOTNOTES

1.   It appears from the record that the trial court attempted to remedy this sentencing error but did not rule on appellant's motion to correct sentencing within the allotted time.

Per Curiam.

Levine, C.J., Kuntz, J., and Boatwright, Joe, Associate Judge, concur.