KELVIN SIMMONS 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 KELVIN SIMMONS, Appellant, v. Case No. 5D19-1257 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 6, 2019 Appeal from the Circuit Court for Seminole County, Melanie Chase, Judge. James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. In this Anders1 appeal, we affirm Appellant’s convictions and sentences but remand for the correction of a clerical error in one of the sentencing documents. The trial court orally pronounced that Appellant’s sentences on the first three counts were to run 1 Anders v. California, 386 U.S. 738 (1967). concurrently; however, the written sentence for count one conflicts because it shows that the sentence on count one is to run consecutively to the sentence set forth in count three. See Chrystie v. State, 95 So. 3d 1027, 1028 (Fla. 5th DCA 2012) (“Where a conflict exists between the oral pronouncement of sentence and written sentencing documents, the oral pronouncement controls.”) (citations omitted). On remand, the trial court is directed to enter a corrected sentence consistent with its oral pronouncement. AFFIRMED; REMANDED with directions. WALLIS, LAMBERT, and EDWARDS, JJ., concur. 2

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