Guerra v. State, 927 So. 2d 248 (Fla. 2d DCA 2006). · Go Syfert
Guerra v. State, 927 So. 2d 248 (Fla. 2d DCA 2006). Cases Citing This Book View Copy Cite
“if a 162 discrepancy exists between the written sentence and the oral pronouncement, the written sentence must be corrected to conform to the oral pronouncement. ashley v. state, 850 so.2d 1265, 1268 (fla.2003).”
17 citation events (17 in the last 25 years) across 1 distinct court.
Strongest positive: Denizard v. State (fladistctapp, 2012-02-08)
Top citers, strongest first. 15 distinct citers.
examined Cited as authority (verbatim quote) Denizard v. State
Fla. Dist. Ct. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
if a 162 discrepancy exists between the written sentence and the oral pronouncement, the written sentence must be corrected to conform to the oral pronouncement. ashley v. state, 850 so.2d 1265, 1268 (fla.2003).
discussed Cited as authority (verbatim quote) Barnes v. State
Fla. Dist. Ct. App. · 2008 · quote attribution · 1 verbatim quote · confidence high
if a discrepancy exists between the written sentence and the oral pronouncement, the written sentence must be corrected to conform to the oral pronouncement.
discussed Cited as authority (rule) John Wayne Ballester v. State of Florida
Fla. Dist. Ct. App. · 2025 · confidence medium
Ordinarily, “when such a discrepancy exists, ‘the written sentence must be corrected to conform to the oral pronouncement.’” Rowan v. State, 394 So. 3d 634 , 635 (Fla. 6th DCA 2024) (quoting Guerra v. State, 927 So. 2d 248, 249 (Fla. 2d DCA 2006)).
discussed Cited as authority (rule) JONATHAN WILLIAM ROWAN v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2024 · confidence medium
And, when such a discrepancy exists, “the written sentence must be corrected to conform to the oral pronouncement.” Guerra v. State, 927 So. 2d 248, 249 (Fla. 2d DCA 2006); see Williams v. State, 957 So. 2d 600, 603 (Fla. 2007) (“This Court has held that a court’s oral pronouncement of a sentence controls over 2 the written sentencing document.”).
discussed Cited as authority (rule) R.L.F. v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
The disposition order reflects that the trial court imposed a total of $200 in costs and fees, whereas the trial court's oral pronouncement of sentence imposed a total of $150 in "court costs." See W.S.G. v. State, 32 So. 3d 725, 726 (Fla. 2d DCA 2010) ("If a discrepancy exists between the written sentence and the oral pronouncement, the written sentence must be corrected to conform to the oral pronouncement." (quoting Guerra v. State, 927 So. 2d 248, 249 (Fla. 2d DCA 2006))).
discussed Cited as authority (rule) R.L.F. v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
The disposition order reflects that the trial court imposed a total of $200 in costs and fees, whereas the trial court’s oral pronouncement of sentence imposed a total of $150 in “court costs.” See W.S.G. v. State, 32 So.3d 725, 726 (Fla. 2d DCA 2010) (“If a discrepancy exists between the written sentence and the oral pronouncement, the written sentence must be corrected to conform to the oral pronouncement.” (quoting Guerra v. State, 927 So.2d 248, 249 (Fla. 2d DCA 2006))).
discussed Cited as authority (rule) W.S.G. v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
We find the juvenile court erred because “[i]f a discrepancy exists between the written sentence and the oral pronouncement, the written sentence must be corrected to conform to the oral pronouncement.” Guerra v. State, 927 So.2d 248, 249 (Fla. 2d DCA 2006); see also N.L. v. State, 4 So.3d 1286, 1287 (Fla. 2d DCA 2009) (reversing a disposition order that failed to comport to the juvenile court’s oral pronouncement and remanding for the limited purpose of entering a corrected disposition order).
discussed Cited as authority (rule) WSG v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
We find the juvenile court erred because "[i]f a discrepancy exists between the written sentence and the oral pronouncement, the written sentence must be corrected to conform to the oral pronouncement." Guerra v. State, 927 So.2d 248, 249 (Fla. 2d DCA 2006); see also N.L. v. State, 4 So.3d 1286, 1287 (Fla. 2d DCA 2009) (reversing a disposition order that failed to comport to the juvenile court's oral pronouncement and remanding for the limited purpose of entering a corrected disposition order).
discussed Cited "see" C.M. v. State
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See W.S.G. v. State, 32 So. 3d 725, 726 (Fla. 2d DCA 2010) ("If a discrepancy exists between the written [disposition] and the oral pronouncement, the written [disposition] must be corrected to conform to the oral pronouncement." (quoting Guerra v. State, 927 So. 2d 248, 249 (Fla. 2d DCA 2006))).
discussed Cited "see" C.M. v. State
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See W.S.G. v. State, 32 So.3d 725, 726 (Fla. 2d DCA 2010) (“If a discrepancy exists between the written [disposition] and the oral pronouncement, the written [disposition] must be corrected to conform to the oral pronouncement.” (quoting Guerra v. State, 927 So.2d 248, 249 (Fla. 2d DCA 2006))).
cited Cited "see" Walker v. State
Fla. Dist. Ct. App. · 2014 · signal: see · confidence high
See Guerra v. State, 927 So.2d 248, 249 (Fla. 2d DCA 2006).
discussed Cited "see" White v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Guerra v. State, 927 So.2d 248, 249 (Fla. 2d DCA 2006) (“The postconviction court did not address the issue of whether the written sentence conformed to the oral pronouncement!)] ...
discussed Cited "see" Torres v. State
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Guerra v. State, 927 So.2d 248, 249 (Fla. 2d DCA 2006) (holding that if a discrepancy exists, the written sentence must be corrected to conform to the oral pronouncement).
cited Cited "see" Lanterman v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See Guerra v. State, 927 So.2d 248 (Fla. 2d DCA 2006).
cited Cited "see" Johnson v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See Guerra v. State, 927 So.2d 248, 249 (Fla. 2d DCA 2006).
Alberto GUERRA, Appellant,
v.
STATE of Florida, Appellee.
2D05-2401.
District Court of Appeal of Florida, Second District.
May 5, 2006.
927 So. 2d 248
Stringer.
Cited by 15 opinions  |  Published

[*249] STRINGER, Judge.

Alberto Guerra appeals the denial of his motion to correct jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for further proceedings.

Guerra claims that his written sentencing order does not conform to the trial court's oral pronouncement of sentence. Specifically, Guerra alleges the written sentencing order does not reflect the amount of jail credit that the trial court awarded in its oral pronouncement of sentence. Such claim is cognizable under rule 3.800(a). Hunter v. State, 846 So.2d 1227, 1228 (Fla. 2d DCA 2003); Watts v. State, 790 So.2d 1175, 1176 (Fla. 2d DCA 2001); Williams v. State, 744 So.2d 1156, 1156 (Fla. 2d DCA 1999). If a discrepancy exists between the written sentence and the oral pronouncement, the written sentence must be corrected to conform to the oral pronouncement. Ashley v. State, 850 So.2d 1265, 1268 (Fla.2003).

In denying Guerra's motion, the postconviction court appears to have ruled that Guerra was not entitled to the specific credit requested. The postconviction court did not address the issue of whether the written sentence conformed to the oral pronouncement, and our record does not contain the transcript of the sentencing hearing. Therefore, we reverse and remand for the postconviction court to review the record and determine whether there is a discrepancy between the oral pronouncement and the written sentencing order. Watts, 790 So.2d at 1176; Williams, 744 So.2d at 1156. If a discrepancy exists, the written sentence must be corrected to conform to the oral pronouncement. Id. If the postconviction court again denies Guerra's claim, it must attach those portions of the record that conclusively refute the allegation. Id.

Reversed and remanded.

SILBERMAN and CANADY, JJ., Concur.