In the case of Odum vs. State of Florida the district court reversed the ruling issued by the circuit court summarily denying the defendant's 3.850 motion for postconviction relief.

Defendant was found guilty of vehicular homicide & reckless driving causing serious bodily injury by a jury Defendant drove his vehicle at excessive speed through a red traffic light & into a minivan, killing one person & causing serious injury to another. Defendant had alcoholic beverages in his vehicle and smelled of alcohol. The lower court verbally pronounced a prison sentence of imprisonment of 20 years on the first count & 5 years on count 2, for a total sentence of 25 years in prison. 5 days later, the court entered a written order which increased the prison sentence on count one to twenty-five years imprisonment, with both counts to run concurrently.

The defendant didn't raise the change in the sentence on his direct appeal; rather, he contends that he was improperly sentenced as being a habitual felony offender. The 5th District Court of Appeal affirmed the convictions & sentences. In defendant's motion for postconviction relief, defendant complained that the trial court was not permitted to change his sentence after he began to serve the sentence.

The 5th District Court of Appeal stated that the reason for the change in the sentence wasn't clear from the record of the proceedings. The record indicates that the oral sentence was 20 years on the 1st count and five years on the 2nd count with both sentences to be served consecutively, but the written sentence was twenty-five years on the 1st count and a five year suspended sentence on the second count, concurrent. In denying defendant's motion for post conviction relief, the circuit court reached the conclusion that the written sentence was proper because of the fact that the overall term (25 years) was the same as the oral sentence, and therefore the defendant was not prejudiced.

The district court of appeal remanded for resentencing as the defendant correctly alleged that the trial court was required to execute a written sentencing document that conforms to the oral pronouncement of sentence.

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