01-1181 REDDICK V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 01-1181 REDDICK V. STATE

Case Date: 12/05/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2001

EDWARD REDDICK, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D01-1181 LOWER TRIBUNAL NO. 99-29579

Opinion filed December 5, 2001. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Maria E. Dennis, Judge. Edward Reddick, in proper person. Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, LEVY and GODERICH, JJ.

PER CURIAM.

The defendant, Edward Reddick, filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure

3.850. The record refutes the claims raised by the defendant, and therefore, we affirm the denial of the motion for post-conviction relief. However, as the State properly concedes, the portion of

the written sentencing order that provides that the two twenty-five year sentences are to run consecutively does not conform to the trial court's oral pronouncements that the sentences are to run concurrently. Therefore, we vacate that portion of the sentencing order, and remand for entry of written sentencing order that conforms to the trial court's oral pronouncements. State, 698 So. 2d 1377 (Fla. 3d DCA 1997). Affirmed in part, vacated in part, and remanded. Alvarez v.

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