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Jones v. State

Citations: 932 So. 2d 299; 2006 Fla. App. LEXIS 44; 2006 WL 29040Docket: No. 2D05-1416

Court: District Court of Appeal of Florida; January 5, 2006; Florida; State Appellate Court

Narrative Opinion Summary

Jeremiah Jones seeks review of the summary denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). He contends that the written sentences for cases 01-4419-CF and 02-1867-CF contradict the oral pronouncement made during sentencing, as the court allegedly stated that his sentences would run concurrently, while the documentation indicates they are consecutive. The postconviction court denied his claim without attaching any supporting records or files. The reviewing court reverses this decision and remands for reconsideration, referencing prior cases (Lott v. State and Dowe v. State) to emphasize that any subsequent denial must include a rationale and relevant record portions. The decision is reversed and remanded, with concurrence from Judges Wallace and LaRose.

Legal Issues Addressed

Consistency Between Oral Pronouncement and Written Sentence

Application: The appellant argues that the written sentences conflict with the oral pronouncement, necessitating judicial scrutiny to ensure they match.

Reasoning: He contends that the written sentences for cases 01-4419-CF and 02-1867-CF contradict the oral pronouncement made during sentencing, as the court allegedly stated that his sentences would run concurrently, while the documentation indicates they are consecutive.

Correction of Illegal Sentence under Florida Rule of Criminal Procedure 3.800(a)

Application: The court reviews the summary denial of a motion to correct an illegal sentence, emphasizing the need for consistency between oral pronouncements and written sentences.

Reasoning: Jeremiah Jones seeks review of the summary denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a).

Judicial Procedure on Remand

Application: The reviewing court mandates that any subsequent denial must include rationale and relevant records, guided by precedents such as Lott v. State and Dowe v. State.

Reasoning: The reviewing court reverses this decision and remands for reconsideration, referencing prior cases (Lott v. State and Dowe v. State) to emphasize that any subsequent denial must include a rationale and relevant record portions.

Requirement for Record Attachment in Postconviction Denials

Application: The postconviction court's denial of the motion lacked supporting records, leading to the reversal and remand for reconsideration with appropriate documentation.

Reasoning: The postconviction court denied his claim without attaching any supporting records or files.