Luther v. State of Florida

FIRST D ISTRICT COURT OF APPEAL
S TATE OF FLORIDA
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No. 1D2024-0041
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J OSEPH LUTHER ,
Appellant,
v.
STATE OF FLORIDA ,
Appellee.
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On appeal from the Circuit Court for Taylor County.
Gregory Stuart Parker, Judge.
April 29, 2026
P ER C URIAM.
Appellant raises several issues on appeal, but we write to
address only one. The trial court orally pronounced concurrent life
sentences for Counts I and II, but the written order states that the
sentences 	are 	to 	be 	served 	consecutively. 	The 	State 	correctly
concedes error. A written sentencing order must conform to the
orally pronounced sentence, and where there is conflict, the orally
pronounced sentence prevails. Ashley v. State, 850 So. 2d 1265,
1268 (Fla. 2003); Morris v. State, 292 So. 3d 838, 839 (Fla. 1st DCA
2020). We therefore REVERSE IN PART and REMAND for the trial
court to enter a written sentencing order in conformity with its oral
pronouncement. We AFFIRM the judgment and sentence in all other
respects.

2
R AY , W INOKUR , and TREADWELL , JJ., concur.
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Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Richard M. Bracey, III,
Assistant Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and Julian E. Markham, III,
Tallahassee, for Appellee.