Richard S. DAVIS, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· October 14, 2016 · Docket No. 5D16-269
207 So.3d 271
Syllabus
Richard S. DAVIS, Appellant, v. STATE of Florida, Appellee. No. 5D16-269. District Court of Appeal of Florida, Fifth District. Oct. 14, 2016. Richard S. Davis, Wewahitchka, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Ap-pellee.
Full Opinion (1,190 characters)
PER CURIAM.
Richard S. Davis appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. We affirm. However, as to Davis’ claim that the written sentence does not conform to the trial court’s oral pronouncement, our affirmance is without prejudice to his ability to file an amended motion raising the same claim, while specifying in that claim the date of the sentencing hearing to which he is referring.
AFFIRMED.
BERGER, WALLIS and EDWARDS, JJ., concur.
. Should Davis decide to refile his motion, he must attach to it a copy of the transcript. See McLendon v. State, 58 So.3d 387, 388 (Fla. 5th DCA 2011) ("[A]s we explained in Beard v. State, 27 So.3d 186 (Fla. 5th DCA 2010), in order for a rule 3.800(a) movant to comply with his special duty to demonstrate entitlement to relief on the face of the record, the lack of a transcript of the sentencing hearing is a gap that must be filled by the movant.... If the transcript is not in the record, McLendon's motion shall be denied without prejudice to file an amended motion with the sentencing transcript and other nec-essaty documents attached.” (emphasis omitted)).
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