FRED SAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellate court reversed a sentencing order that conflicted with the trial court's oral pronouncement, requiring correction of the written judgment to reflect the intended condition of incarceration as part of probation rather than as a separate sanction.
A written sentence that conflicts with the trial court's oral pronouncement must be corrected to conform to the oral pronouncement when the oral pronouncement clearly reflects the court's intent.
[1] When a trial court's written sentence conflicts with its oral pronouncement at sentencing, the written sentence must be corrected to conform to the oral pronouncement if…
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Join FLexlaw to unlock all legal intelligence“it is clear from the oral pronouncement that the court intended to impose the county jail term as a condition of probation”
Court's reasoning for reversing the written sentence and remanding for correction
Defendant was convicted of grand theft of a motor vehicle. At sentencing, the trial court orally imposed five years probation with 240 days county jai…
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PER CURIAM.
This is an appeal from a sentence which is at variance with the oral pronouncement. Defendant was convicted of grand theft of a motor vehicle. At sentencing, the trial court placed defendant on probation for five years with a condition that he spend 240 days in county jail with credit for 209 days served. However, the minutes and judgment sheet indicate that the trial court placed defendant on probation for 5 years, without any mention of the condition regarding county jail time. Furthermore, the record contains a separate written sentence committing defendant to county jail for a term of 240 days. The defendant argues on appeal that the trial court erred in imposing two separate sanctions for one offense, and that the combination of incarceration and probation exceed the statutory maximum penalty for grand theft of a motor vehicle, a third degree felony. See State v. Holmes, 360 So. 2d 380 (Fla.1978). The state acknowledges that the written sentence is erroneous.
Although defendant argues that the five year probationary term should be vacated, it is clear from the oral pronouncement that the court intended to impose the county jail term as a condition of probation. Cf. Lester v. State, 563 So. 2d 178 (Fla. 5th DCA 1990); Harden v. State, 557 So. 2d 926 (Fla. 5th DCA 1990).
The sentence is reversed and the cause remanded for the trial court to enter a proper probation order in conformity with the oral pronouncement at sentencing.
REVERSED AND REMANDED.
DAUKSCH, GOSHORN and GRIFFIN, JJ., concur.
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Vista Ctr. Venture v. Unlike Anything, Inc., 603 So. 2d 576 (Fla. 5th DCA 1992)…he contract. Waivers of the right to jury trial by contract are enforceable and will be upheld. Palomares v. Ocean Bank of Miami, 574 So. 2d 1159 (Fla. 3d DCA) rev. denied, 587 So. 2d 1328 (Fla.1991); C & C Wholesale, Inc. v. Fusco Management Corp., 564 So. 2d 1259 (Fla. 2d DCA1990); Central Investment Associates, Inc. v. Leasing Service Corp., 362 So. 2d 702 (Fla. 3d DCA1978). A trial court commits reversible error when it chooses to ignore the parties’ contractual waiver of a jury trial and orders a common l…1 / 2
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Holmes, 360 So. 2d 380 (Fla. 1978)
- Lester v. State, 563 So. 2d 178 (Fla. 5th DCA 1990)
- Harden v. State, 557 So. 2d 926 (Fla. 5th DCA 1990)