JAMES THOMAS MARLEY
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court's oral pronouncement of sentence controls over a subsequently issued written Monetary Obligations Order when the two conflict.
[1] A trial court's oral pronouncement of sentence controls over a subsequently issued written order when the two are in conflict, and a written order that exceeds the oral p…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The trial court's oral pronouncement at sentencing controls over its written order.”
Court's statement of controlling legal principle regarding sentencing orders
Marley was convicted of battery of a law enforcement officer, resisting a law enforcement officer with violence, and soliciting while obstructing a st…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Written Order cases and more on FLexlaw
LABRIT, Judge. James Thomas Marley appeals his convictions and sentences for battery of a law enforcement officer, resisting a law enforcement officer with violence, and soliciting while obstructing a street. We affirm the convictions and sentences without comment, but we
reverse and remand the Monetary Obligations Order because it exceeds the fine orally imposed at sentencing. At sentencing, the trial court imposed a $200 fine for cost of prosecution.
However, in the Monetary Obligations Order that followed, the court ordered Marley to pay $100 in mandatory prosecution costs and $200 in additional mandatory costs of prosecution, for a total of $300. Marley filed a motion under Florida Rule of Criminal Procedure 3.800(b)(2) seeking to conform the Monetary Obligations Order to the trial court's oral pronouncement. The State did not oppose Marley's motion, but the trial court did not rule on it within sixty days. As a result, Marley's motion was deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B) ("[I]f the trial court does not file an order ruling on the [rule 3.800(b)(2)] motion within 60 days, the motion shall be deemed denied.").
The trial court's oral pronouncement at sentencing controls over its written order. Williams v. State, 957 So. 2d 600, 603 (Fla. 2007). We therefore reverse the Monetary Obligations Order and remand with instructions to conform the order to the fine imposed at sentencing.
Affirmed in part, reversed in part, and remanded with instructions. KELLY and ATKINSON, JJ., Concur. Opinion subject to revision prior to official publication.