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Parker v. State

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GERRY L. PARKER, Appellant, v. STATE OF FLORIDA, Appellee.Case No. 1D07-6571. District Court of Appeal of Florida, First District. Opinion filed July 17, 2008. An appeal from the Circuit Court for Duval County. L.P. Haddock, Judge. Gerry L. Parker, pro se, Appellant. Bill McCollum, Attorney General, and Philip W. Edwards, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The Appellant challenges the postconviction court’s summary denial of his rule 3.850 postconviction motion. Because the Appellant’s third claim that his written judgment does not comport with the oral pronouncement is facially sufficient, we reverse. All other issues are affirmed without further discussion. The Appellant claims his sentence is illegal because the sentencing judge did not orally pronounce that the sentence was a habitual felony offender sentence; however, the written judgment contains the imposition of a habitual felony offender sentence...continue to full post

Full post as published by Florida Criminal Law Opinions on July 17, 2008 (boomark / email).