RODERICK BREON OWENS
v.
STATE OF FLORIDA
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The appellate court reviewed a case where the appellant's counsel filed an Anders brief, indicating potential issues with the sentence. The court found a sentencing error and a scrivener's error, requiring further proceedings in the trial court.
The court held that a sentencing error occurred because the mandatory-minimum sentence was not orally pronounced, and a scrivener's error existed in the written judgment regarding the statutory authority for the prison releasee reoffender sentence.
[1] A trial court's failure to orally pronounce a mandatory minimum sentence required by statute, even though the sentence appears in the written judgment, constitutes revers…
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Join FLexlaw to unlock all legal intelligenceThe appellant's counsel filed an Anders brief, suggesting issues with the appellant's sentence. The appellate court reviewed the case and identified t…
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PER CURIAM.
Appellant’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and this Court has conducted the review required by Anders, State v. Causey, 503 So. 2d 321 (Fla. 1987), and Florida Rule of Appellate Procedure 9.140(g)(2)(A). Our review reveals that a sentencing error and a scrivener’s error may exist.
First, Appellant’s twenty-year mandatory-minimum sentence pursuant to section 775.087(2)(a)2., Florida Statutes (the 10-20-Life statute), appears in the written judgment and sentence, but the trial court did not orally pronounce it. This sentencing error requires a new hearing, at which the court must orally impose the required sentence. Appellant must be present. See Dunbar v. State, 89 So. 3d 901, 906–07 (Fla. 2012); Bonner v. State, 242 So. 3d 501, 505–06 (Fla. 1st DCA 2018).
Second, Appellant’s written judgment and sentence erroneously lists section 775.082(8)(b) as the authority for his prison releasee reoffender (PRR) sentence.
However, the correct cite is subsection (9), which authorizes a PRR mandatory life sentence. See § 775.082(9) (defining PRR and listing mandatory sentences if the State proves a defendant is a PRR).
Accordingly, pursuant to Florida Rule of Appellate Procedure 9.140(g)(2)(B), we strike the Anders brief filed March 25, 2020, and the initial brief filed December 21, 2020, to permit the filing of a motion under Florida Rule of Criminal Procedure 3.800(b)(2), which shall govern the proceedings on that motion and supplementation of the record. Counsel for Appellant shall file the motion with the trial court within twenty days. Counsel for Appellant shall file an appropriate brief within twenty days following transmittal of the supplemental record. See Clark v. State, 223 So. 3d 1126 (Fla. 1st DCA 2017) (listing possible sentencing errors in Anders appeal, striking Anders brief, and permitting counsel to file 3.800(b)(2) motion in trial court); Adams v. State, 197 So. 3d 641 (Fla. 1st DCA 2016) (same).
KELSEY, M.K. THOMAS, and TANENBAUM, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- State v. Causey, 503 So. 2d 321 (Fla. 1987)
- Dunbar v. State, 89 So. 3d 901 (Fla. 2012)
- Adams v. State, 197 So. 3d 641 (Fla. 1st DCA 2016)
- Clark v. State, 223 So. 3d 1126 (Fla. 1st DCA 2017)
- Toland Jerome Bonner v. State, 242 So. 3d 501 (Fla. 1st DCA 2018)