NOT FINAL UNTIL TIME EXPI RES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT LEE SLOPPY, ) ) Appellant, ) ) v. ) Case No. 2D16-1701 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed December 28, 2016. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Philip J. Federico, Judge. Lee Sloppy, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Andrew Tetreault, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM. Lee Sloppy appeals the summary denial of his motion to correc t an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a ). He raises two claims, arguing in both that his written sentences do not reflect the t rial court's oral pronouncements at sentencing. The postconviction court summari ly denied his motion, but in doing so it only addressed the second of the two claims, apparently overlooking- 2 - the first. 1 Although we affirm the denial of the second claim without dis cussion, we

reverse the denial of the motion and remand for the court to co nsider Mr. Sloppy's first claim, which the record indicates is facially sufficient and fo r which the State has

conceded error. On June 27, 2014, Mr. Sloppy pleaded guilty to one count of b urglary and one count of failure to appear. The written sentences reflect that the trial court sentenced Mr. Sloppy to fifteen years' imprisonment as a prison releasee reoffender (PRR) for both charges, with th e sentences to run concurrently. However, the trial court's oral pronouncement was that "[i]t's day-to-day on the b urglary, [and] a concurrent five on the FTA." Later in the hearing, the trial c ourt again addressed the sentence for the failure to appear and stated, "[a]djudicate, f ive years Department of Corrections, concurrent" to the fifteen years for the burglary. The trial court also noted that Mr. Sloppy was not sentenced as a PRR on the failure to ap pear, saying, "I don't need to habitualize him on [the failure to appear] because he's getting the fifteen PRR [on the burglary]." Additionally, a fifteen-year sentence for failure to appear e xceeds the statutory maximum. Failure to appear is a third-degree felony, § 843.15(1)(a), Fla. Stat. (2014), punishable by up to five years' imprisonment. § 775.08 2(3)(e), Fla. Stat. (2014). Failure to appear is also not a felony for which the State may seek a PRR sentence.

1 Mr. Sloppy addressed the first issue in his motion's "Standard of this Review" section, which in essenc e reads more like a summary of the argument. However, Mr. Sloppy clearly raised the issue, labeling it as "C laim 1," and adequately expressed what he was arguing. See Tillman v. State, 287 So. 2 d 693, 694 (Fla. 2d DCA 1973) (noting that pro se pleadings should be liberally con strued).- 3 - § 775.082(9)(a)(1). Therefore, Mr. Sloppy has presented a faci ally sufficient claim that his sentence is illegal. See Plott v. State, 148 So. 3d 90, 94 (Fla. 2014) ("[A] sentence that patently fails to comport with statutory or constitutional limitations is by definition 'illegal.' " (quoting State v. Mancino, 714 So. 2d 429, 433 (Fl a. 1998))); King v. State, 86 So. 3d 1247, 1248 (Fla. 2d DCA 2012) ("The discrepancy between the oral pronouncement and written sentence is a valid basis for an ille gal sentence claim under rule 3.800(a)."); Blocker v. State, 968 So. 2d 686, 691 (Fla. 2 d DCA 2007) ("It has long been the law that the oral pronouncement of sentence controls o ver a written sentence."). Because the postconviction court did not consider this claim w hen it denied Mr. Sloppy's motion, we are compelled to reverse and rem and for the postconviction court to address it . See Ferguson v. State, 778 So. 2d 387, 388 (Fla. 2d DCA 2001) (reversing and remanding for reconsideration when the postconviction court failed to address a facially sufficient claim that the written sentence did not comport with the oral pronouncement). Affirmed in part, reversed in part, and remanded with instru ctions.

CASANUEVA, LaROSE, and SALARIO, JJ., Concur.