SHINN v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Lavon Rashard SHINN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-1074

Decided: November 08, 2019

James S. Purdy, Public Defender, and Nancy Ryan and Glendon George Gordon, Jr., Assistant Public Defenders, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

ON CONCESSION OF ERROR

We affirm the judgment entered below but remand for the trial court to correct the written sentence on count 11 to reflect its oral pronouncement of a fifteen-year concurrent sentence. See State v. Akins, 69 So. 3d 261, 269 (Fla. 2011) (stating that where discrepancy exists between oral pronouncement and written sentence, oral pronouncement prevails); Torres v. State, 266 So. 3d 872, 872 (Fla. 5th DCA 2019) (reiterating that written order must conform to court's oral pronouncement). Appellant preserved this issue by filing a Florida Rule of Criminal Procedure 3.800(b)(2) motion, which was deemed denied pursuant to rule 3.800(b)(2)(B) when the trial court failed to act on it within sixty days.

AFFIRMED and REMANDED with directions to correct written sentence.

PER CURIAM.

EVANDER, C.J., COHEN and SASSO, JJ., concur.

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