Luther v. State of Florida

Summary

The First District Court of Appeal held that the written sentencing order must conform to the trial court's oral pronouncement of concurrent life sentences. The court reversed in part and remanded for correction of the written order, affirming the judgment and sentence in all other respects.

Holdings

1. A written sentencing order must conform to the orally pronounced sentence; when the two conflict, the oral pronouncement controls.

Questions Presented

1. Whether a written sentencing order that conflicts with the trial court's oral pronouncement must conform to the oral sentence.
2. What relief is appropriate when the written sentencing order improperly states that concurrent sentences are consecutive.

Disposition

reversed_and_remanded