LEVAR SHELVERICK SMITH
v.
STATE OF FLORIDA
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The trial court's oral pronouncement of sentence controls over the written sentencing order, and scrivener's errors in the written order must be corrected on remand.
[1] A defendant need not be present at resentencing when the error to be corrected is purely ministerial or clerical and involves no exercise of the court's discretion.
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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.”
Court citing Hall v. State for the principle that oral pronouncements control written orders.
The trial court orally rendered an adjudication and sentence that did not include ten years of administrative probation in the case before it, but the…
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PER CURIAM. Upon review pursuant to Anders v. California, 386 U.S. 738 (1967), we find no reversible error and affirm Appellant’s judgment and sentence.
However, we remand for correction of scrivener’s errors. See Ashley v. State, 850 So. 2d 1265, 1268 n.3 (Fla. 2003) (defining a scrivener’s error as a written clerical error that is not the result of a “judicial determination or error”).
The trial court orally rendered an adjudication and sentence that did not include ten years of administrative probation in this case, but instead applied to a related case also before the court at that time. “[I]t is well settled that the trial court’s oral pronouncement of sentence controls over the written sentencing order.” Hall v. State, 105 So. 3d 642, 644 (Fla. 1st DCA 2013).
On remand, the lower tribunal shall correct these scrivener’s errors in the judgment and sentence and the order of probation, consistent with this opinion. Appellant need not be present for these ministerial corrections. See Walton v. State, 106 So. 3d 522, 529 (Fla. 1st DCA 2013) (“[A] defendant need not be present at resentencing if the error to be corrected is ‘purely ministerial’ or clerical, and involves no exercise of the court’s discretion.”).
OSTERHAUS, C.J., and LEWIS and ROBERTS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Jessica J. Yeary, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)
- Hall v. State, 105 So. 3d 642 (Fla. 1st DCA 2013)