SIMMONS v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Kelvin SIMMONS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-1257

Decided: December 06, 2019

James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

In this Anders ¹ appeal, we affirm Appellant's convictions and sentences but remand for the correction of a clerical error in one of the sentencing documents. The trial court orally pronounced that Appellant's sentences on the first three counts were to run concurrently; however, the written sentence for count one conflicts because it shows that the sentence on count one is to run consecutively to the sentence set forth in count three. See Chrystie v. State, 95 So. 3d 1027, 1028 (Fla. 5th DCA 2012) (“Where a conflict exists between the oral pronouncement of sentence and written sentencing documents, the oral pronouncement controls.”) (citations omitted). On remand, the trial court is directed to enter a corrected sentence consistent with its oral pronouncement.

AFFIRMED; REMANDED with directions.

FOOTNOTES

1. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

PER CURIAM.

WALLIS, LAMBERT, and EDWARDS, JJ., concur.

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