          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                          No. 1D17-3424
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WOODROW W. ROSE,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Jefferson County.
Dawn Caloca-Johnson, Judge.

                          October 31, 2018


PER CURIAM.

     In 1982, Woodrow Rose pleaded guilty to sexual battery and
armed burglary of a dwelling. He was sentenced to thirty years
for the former and life for the latter. In 2017, he filed a rule 3.800
motion, alleging he was serving an illegal sentence. The trial
court denied the motion, and Rose appeals.

     Rose argued first that he pleaded guilty to only one count,
not two. The plea hearing transcript refutes that claim. But Rose
also argued that his life sentence was not orally pronounced. If
there is a discrepancy between the sentence orally pronounced
and the written sentencing documents, the oral pronouncement
controls. Williams v. State, 957 So. 2d 600, 603 (Fla. 2007). Here,
we cannot determine whether there was any such discrepancy
because the record does not include the original sentencing
transcript. In this circumstance, we must reverse the order on
appeal to the extent it denies with prejudice a claim regarding
this discrepancy. Id. at 604 (“If the sentencing transcript is
neither in the file nor attached to the motion, the motion should
be denied without prejudice to the filing of an amended motion
properly attaching the sentencing transcript.”).

    AFFIRMED in part, REVERSED in part, and REMANDED.

ROBERTS, RAY, and WINSOR, 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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Woodrow W. Rose, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.




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