LARRY JAMES WILLIAMS
v.
STATE OF FLORIDA
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A trial court's oral pronouncement of sentence controls over the written sentencing order, and when a count is included in the written judgment but was not discussed, adjudicated, or included in the plea agreement at the plea hearing, the written judgment must be corrected on remand.
[1] A trial court's oral pronouncement of sentence controls over the written sentencing order when there is a conflict between the two.
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Join FLexlaw to unlock all legal intelligence“[I]t is well settled that the trial court's oral pronouncement of sentence controls over the written sentencing order.”
Citation to Hall v. State regarding the controlling nature of oral pronouncements over written orders
Williams' written judgment reflected conviction and sentencing on count three for felony driving with license suspended or revoked. However, count thr…
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PER CURIAM.
Upon review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no reversible error and affirm Appellant’s judgment and sentence. We write only to correct a scrivener’s error. Appellant’s written judgment reflects that the trial court revoked probation and sentenced him on count three, felony driving with license suspended or revoked. However, while this count was included in the affidavit of violation of probation, the record shows that count three was not included in the plea agreement or order revoking probation, nor was it discussed at the plea hearing. Notably, the trial court did not orally adjudicate Appellant guilty or sentence Appellant on this count. See Hall v. State, 105 So. 3d 642, 644 (Fla. 1st DCA 2013) (“[I]t is well settled that the trial court’s oral pronouncement of sentence
controls over the written sentencing order.”). On remand, the trial court shall correct the written judgment, removing count three. Appellant need not be present for this ministerial correction to the judgment. See Walton v. State, 106 So. 3d 522, 529 (Fla. 1st DCA 2013).
AFFIRMED and REMANDED.
RAY, C.J., and BILBREY and NORDBY, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)
- Hall v. State, 105 So. 3d 642 (Fla. 1st DCA 2013)