TIMOTHY GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s convictions and adjudication as a habitual violent felony offender, but reverse the mandatory minimum provisions in the sentences. The written sentences each include mandatory minimum terms pursuant to the habitual offender act, section 775.084(4), Florida Statutes (1991). At sentencing, however, the trial court did not orally impose mandatory minimum terms. Because the trial court’s written sentences differ from its oral pronouncements and sentencing under section 775.084(4) is discretionary and does not require the imposition of mandatory minimum terms, we reverse appellant’s sentences. Walsingham v. State, 602 So. 2d 1297 (Fla.1992); cf. Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982). On remand, we instruct the trial court to conform the written sentences to its oral pronouncements. Tannihill v. State, 559 So. 2d 608 (Fla. 4th DCA 1990).
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
GUNTHER and STONE, JJ., and OWEN, WILLIAM C, Jr., Senior Judge, concur.
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State v. Hudson, 698 So. 2d 831 (Fla. 1997)…gnized conflict on this point with the decisions in White, Sims, and Martin. The district court further noted that the Fourth District Court of Appeal has also held that the imposition of mandatory minimum terms is discretionary. See Green v. State, 615 So. 2d 823 (Fla. 4th DCA 1993). The State sought review by this Court based upon express and direct conflict. This Court has repeatedly held that sentencing under the habitual offender statute is permissive, not mandatory. Walsingham v. State, 602 So. 2d 1297…
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Evans v. State, 675 So. 2d 1012 (Fla. 4th DCA 1996)…1). Since the written sentence did not conform to the trial court’s oral pronouncement, the district court affirmed the conviction but reversed and remanded deleting the mandatory minimum portion of the defendant’s sentence. See also Green v. State, 615 So. 2d 823 (Fla. 4th DCA 1993). [*1015] We recognize that the trial court’s failure to state during its oral pronouncement of sentence that it was sentencing appellant as an habitual felony offender may have merely been an oversight. However, we find that the…
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White v. State, 618 So. 2d 354 (Fla. 1st DCA 1993)…e must be included in sentence); Lowe, 605 So. 2d at 507 (relying on King in holding that habitual violent felony offender’s sentence must include minimum mandatory term); Brousseau v. State, 590 So. 2d 997 (Fla. 5th DCA1991). Contra Green v. State, 615 So. 2d 823 (Fla. 4th DCA1993) (finding habitual violent felony offender sentencing is discretionary, so that imposition of minimum mandatory term is not required). Appellant has not supplied any authority to indicate to us that the minimum mandatory sentencing…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daniels v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982)
- Tannihill v. State, 559 So. 2d 608 (Fla. 4th DCA 1990)
- Walsingham v. State, 602 So. 2d 1297 (Fla. 1992)