LAVON RASHARD SHINN vs STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED LAVON RASHARD SHINN, Appellant, v. Case No. 5D18-1074 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 8, 2019 Appeal from the Circuit Court for Orange County, Robert J. Egan, Judge. James S. Purdy, Public Defender, and Nancy Ryan and Glendon George Gordon, Jr., Assistant Public Defenders, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. ON CONCESSION OF ERROR PER CURIAM. We affirm the judgment entered below but remand for the trial court to correct the written sentence on count 11 to reflect its oral pronouncement of a fifteen-year concurrent sentence. See State v. Akins, 69 So. 3d 261, 269 (Fla. 2011) (stating that where discrepancy exists between oral pronouncement and written sentence, oral pronouncement prevails); Torres v. State, 266 So. 3d 872, 872 (Fla. 5th DCA 2019) (reiterating that written order must conform to court’s oral pronouncement). Appellant preserved this issue by filing a Florida Rule of Criminal Procedure 3.800(b)(2) motion, which was deemed denied pursuant to rule 3.800(b)(2)(B) when the trial court failed to act on it within sixty days. AFFIRMED and REMANDED with directions to correct written sentence. EVANDER, C.J., COHEN and SASSO, JJ., concur. 2

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