RONALD DAVID REBER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
Ronald Reber appeals his convictions and sentences for drug delivery and possession. The court affirmed the sufficiency of the evidence but reversed and remanded because the written judgment contained scrivener's errors that contradicted the trial judge's oral pronouncements regarding the guilty plea/bench trial determination, the degree of possession charge, and court-imposed costs.
The written judgment must be corrected to conform to the trial judge's oral pronouncement of a bench trial finding (rather than guilty plea) and guilt of misdemeanor possession (rather than felony possession). The court improvement fund assessment must be stricken as it was not statutorily mandated.
[1] A written order of judgment and sentence must conform to the court's oral pronouncements.
[2] A scrivener's error in a written judgment that misstates the nature of a conviction or the degree of a felony offense warrants reversal for correction.
Previewing 2 of 4 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 written judgment states that Reber entered a plea of guilty but, in fact, he waived his right to a jury trial and was found guilty after a bench trial.”
Establishes the core scrivener's error: the written judgment incorrectly characterized the manner of conviction.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRonald David Reber was charged with delivery of cannabis and possession of cannabis. After a bench trial (not a guilty plea as the written judgment 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 Judgment cases and more on FLexlaw
RYDER, Judge.
Ronald David Reber challenges the convictions and sentences entered for delivery of cannabis and possession of cannabis. We do not agree with Reber’s argument concerning the sufficiency of the evidence. However, we agree and the state concedes that the written order of judgment and sentence varied from the court’s oral pronouncement and reverse for correction of the scrivener’s error. The written judgment states that Reber entered a plea of guilty but, in fact, he waived his right to a jury trial and was found guilty after a bench trial. The written judgment also states that he was adjudicated guilty of Count II, possession of cannabis, a third degree felony. The judge orally pronounced that Reber was guilty of misdemeanor possession of cannabis because the evidence showed possession of only 2.1 grams, not more than twenty grams, as charged. The written judgment and sentence should not vary from the oral pronouncements. Hinkle v. State, 480 So. 2d 206 (Fla. 2d DCA1985). We therefore remand this case to the trial court for entry of a corrected judgment. The written judgment lists $400.00 in costs, including a $100.00 fee for the court improvement fund. But the judge’s oral pronouncement assessed $300.00 in costs, not including the $100.00 for the court improvement fund. The assessment for the court improvement fund is not statutorily mandated. See Siplin v. State, 584 So. 2d 599 (Fla. 2d DCA1991). We therefore strike the court improvement fund assessment. The state may seek to reimpose the cost after proper notice and the opportunity to be heard.
We affirm the conviction and sentences and remand for correction of the written judgment.
Affirmed in part, reversed in part and remanded.
LEHAN, C.J., and HALL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)…05 (Fla. 2d DCA 1990); Siplin v. State, 584 So. 2d 599 (Fla. 2d DCA 1991); Alfonso v. State, 595 So. 2d 583 (Fla. 2d DCA 1992); Gawron v. State, 597 So. 2d 340 (Fla. 2d DCA 1992); Williams v. State, 601 So. 2d 1277 (Fla. 2d DCA 1992); Reberv. State, 611 So. 2d 91 (Fla. 2d DCA 1992); Douglas v. State, 627 So. 2d 30 (Fla. 2d DCA 1993); Berry v. State, 636 So. 2d 555 (Fla. 2d DCA 1994); Carr v. State, 642 So. 2d 1208 (Fla. 2d DCA 1994).…
-
D.F., Jr. v. State, 650 So. 2d 1097 (Fla. 2d DCA 1995)…court’s written order indicates that he was found guilty of aggravated battery, a second degree felony. § 784.045. When there is a difference between a court’s oral pronouncement and a written order, the oral pronouncement controls. Reber v. State, 611 So. 2d 91 (Fla. 2d DCA 1992). Upon remand, the court should correct the written order to reflect that the appellant was found guilty of a first degree felony. Remanded with instructions. SCHOONOVER, A.C.J., and PATTERSON and BLUE, JJ., concur.…
-
McPHEE v. State, 657 So. 2d 70 (Fla. 3d DCA 1995)…arge was reduced. As the State correctly concedes, in order to conform with the jury’s verdict, the written judgment should be amended to indicate conviction of aggravated battery with a firearm not causing serious bodily injury. See Reber v. State, 611 So. 2d 91 (Fla. 2d DCA 1992); Hinkle v. State, 480 So. 2d 206 (Fla. 2d DCA 1985). Accordingly, the case is remanded. In all other respects, the decision below is affirmed. Affirmed in part and remanded.…
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
- Columbus Ferry Siplin v. State, 584 So. 2d 599 (Fla. 2d DCA 1991)
- Hinkle v. State, 480 So. 2d 206 (Fla. 2d DCA 1985)