Narrative Opinion Summary
The case is remanded to the trial court for a corrected sentencing order following a confession of error by the State. The trial court's oral sentence aligned with the plea agreement, which stipulated that sentences from Dade County case numbers 91-38843B and 92-16974B should run concurrently with Broward County case number 93-2794CFA. However, the written sentencing order does not reflect this agreement and deviates from the oral pronouncement. The written sentence must be amended to match the oral pronouncement. If the trial court refuses to correct the order, the defendant must be allowed to withdraw his plea. The remand includes explicit instructions for the trial court to comply.
Legal Issues Addressed
Correction of Sentencing Ordersubscribe to see similar legal issues
Application: The court must amend the written sentencing order to conform with the oral sentence pronounced by the trial court, as it accurately reflects the plea agreement.
Reasoning: The written sentence must be amended to match the oral pronouncement.
Enforcement of Plea Agreementssubscribe to see similar legal issues
Application: The plea agreement stipulated that sentences from multiple cases should run concurrently, which must be honored by the written sentencing order.
Reasoning: The trial court's oral sentence aligned with the plea agreement, which stipulated that sentences from Dade County case numbers 91-38843B and 92-16974B should run concurrently with Broward County case number 93-2794CFA.
Remand for Compliancesubscribe to see similar legal issues
Application: The appellate court provides explicit instructions on remand for the trial court to ensure compliance with the oral pronouncement of the sentence.
Reasoning: The remand includes explicit instructions for the trial court to comply.
Right to Withdraw Pleasubscribe to see similar legal issues
Application: If the trial court does not correct the sentencing order to reflect the plea agreement, the defendant is entitled to withdraw his plea.
Reasoning: If the trial court refuses to correct the order, the defendant must be allowed to withdraw his plea.