Jesse Harrison Lusk v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 26, 2020
Docket1D18-3379
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-3379
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JESSE HARRISON LUSK,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Walton County.
Kelvin C. Wells, Judge.
March 26, 2020
PER CURIAM.
AFFIRMED. See State v. Akins, 69 So. 3d 261, 269, 271 (Fla.
2011) (concluding that an orally pronounced sentence controls
when there is a discrepancy between the oral sentence and written
sentence as “written sentences are usually just a record of the
actual sentence required to be pronounced in open court”) (quoting
Ashley v. State, 850 So. 2d 1265, 1268 (Fla. 2003)); see also Parker
v. State, 276 So. 3d 108, 109 (Fla. 1st DCA 2019) (describing the
correction of a written sentence to conform to the oral sentence to
be “merely a ministerial act”) (quoting Frost v. State, 769 So. 2d
443, 444 (Fla. 1st DCA 2000)).
OSTERHAUS, KELSEY, and NORDBY, 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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Michael Ufferman of Michael Ufferman Law Firm, P.A.,
Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Sharon S. Traxler, Assistant
Attorney General, Tallahassee, for Appellee.
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