STEVEN LOPEZ TRUEBLOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred by failing to make specific written findings required for imposing adult sanctions and by entering a written order that did not comport with its oral pronouncement regarding restitution and costs. The court affirmed the portion of the order regarding credit for time served.
[1] A trial court must make specific written findings of fact on each statutory factor when imposing adult sanctions on a juvenile, with findings referencing only the convict…
[2] A trial court's oral pronouncement of a sentence prevails over a conflicting written judgment and sentence.
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Join FLexlaw to unlock all legal intelligenceAppellant, a juvenile, was sentenced as an adult for escape. After an initial appeal and remand, the trial court resentenced him but failed to make re…
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DAVIS, Judge.
Appellant, Steven Lopez Trueblood, appeals from a sentence imposed after appellant pled nolo contendere to a charge of escape from a juvenile detention facility. Appellant raises three issues as involving error: (1) the trial court’s sentencing appellant as an adult without making specific written findings of fact on each of the factors set forth in section 39.059(7)(c)l.-6; (2) the trial court’s ordering that appellant be given credit for prison time served prior to resentencing, to be determined by the Department of Corrections; and (3) the trial court’s entering of a written order which fails to comport with the court’s oral pronouncement at the sentencing hearing concerning the imposition of restitution and costs. The state has conceded error as to Issues I and III.
We affirm in part and reverse in part.
Appellant, a juvenile, was charged with escape from a juvenile detention facility. On April 14, 1992, after a plea of nolo contende-re, appellant was sentenced as an adult to 12 years incarceration. On appeal, this court reversed the 12-year sentence and remanded for resentencing. Trueblood, v. State, 610 So. 2d 12 (Fla. 1st DCA 1992). On remand, this court directed the trial court to make specific written findings of fact on each of the factors set forth in section 39.059(7)(c)l.-6, if the trial court determined to impose adult sanctions. Such findings were to be made with reference only to the escape conviction. Trueblood, 610 So. 2d at 14. On December 17, 1992, appellant appeared for resentencing. The trial court sentenced appellant as an adult to five years incarceration.
As to the first issue, appellant argues that the trial court failed to comply with this court’s directive in Trueblood v. State, 610 So. 2d 12 (Fla. 1st DCA 1992) by failing to address each of the factors set forth in section 39.059(7)(e) and by commingling the findings with regard to the escape conviction with findings on appellant’s burglary conviction.
Appellant asserts that the trial court failed to address whether the escape offense was committed in an aggressive, violent, premeditated or willful manner, a required finding under section 89.059(7)(c)2. Appellant also argues that the trial court failed to address whether the escape offense was against persons or property, a required finding under section 39.059(7)(c)3. The state concedes that the trial court failed to address each of the statutory factors set forth in section 39.059(7)(c).
We reverse and remand for resentencing. Upon remand, the trial court is directed to make specific written findings on each of the factors set forth in section 39.059(7)(c) 1 . — 6, with reference only to the escape conviction.
As to the second issue, appellant argues that the trial court erred in failing to specify the exact amount of previously served prison time for which appellant was to be given credit. The judgment entered by the court indicates that appellant is to be given “credit for all time previously served on this count in the Department of Corrections prior to resentencing,” without specifying the amount of prison time appellant had served.
The state asserts that pursuant to this court’s opinion in DeSue v. State, 605 So. 2d 933 (Fla. 1st DCA 1992), the trial court was not required to specify the amount of previously served prison time for which appellant was to be given credit. In DeSue, this court found that although it is preferable for the trial court to require the Department of Corrections’ calculation of time served to be included in the presentence investigation report, so that such amount can be stated in the sentencing order, it is not error for the trial court to simply award a defendant with time served and thereafter permit the Department to make such calculation. DeSue, 605 So. 2d at 935. In accord with this court’s decision in DeSue, we affirm this portion of the trial court’s order. As to the third issue, appellant argues that the trial court erred in departing from its oral pronouncement at the sentencing hearing by ordering restitution and by imposing costs not imposed in the original sentencing order. In the original judgment and sentence entered on April 14, 1992, the trial court ordered appellant to pay costs of $20 pursuant to section 960.20, Florida Statutes (1991), $3 pursuant to section 943.25(4), Florida Statutes (1991), and $200 pursuant to section 27.3455, Florida Statutes (1991).
At the sentencing hearing held on December 17, 1992, the trial judge pronounced that other than the reduction of appellant’s sentence from 12 years to 5 years, the sentences previously imposed were to be reimposed in their entirety. Despite the court’s oral pronouncement, the trial court entered a written resentencing order imposing costs of $2 for the law library, $2 for GCCJA and $2 for court costs pursuant to section 943.25(13), Florida Statutes. The court’s order also imposes costs of $50 pursuant to section 960.20, rather than the originally imposed amount of $20, and directs the appellant to pay restitution. The state concedes that the resentencing order does not comport with the trial court’s oral pronouncement at the sentencing hearing.
It is well-settled that the oral pronouncement of a sentence prevails over the written judgment and sentence form. Arm-stead v. State, 612 So. 2d 623, 624 (Fla. 1st DCA 1993), citing Kennedy v. State, 564 So. 2d 1127 (Fla. 1st DCA 1990); Jeffrey v. State, 456 So. 2d 1307 (Fla. 1st DCA 1984). We reverse this portion of the trial court’s order and direct the court to correct the order on remand.
AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.
MINER and MICKLE, JJ., concur.
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C.A. v. State, 685 So. 2d 1036 (Fla. 3d DCA 1997)…orally stated that it was reserving jurisdiction. Moreover, since the written order did not conform to the trial court’s oral pronouncement reserving restitution, the oral pronouncement prevails over the written form. See, e.g., Trueblood v. State, 635 So. 2d 1024 (Fla. 1st DCA 1994); Rada v. State, 656 So. 2d 165 (Fla. 2d DCA), rev. denied, 660 So. 2d 715 (Fla.1995). Affirmed.…
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Currelly v. State, 678 So. 2d 453 (Fla. 1st DCA 1996)…efender fee for which there was neither notice nor oral pronouncement. Wright v. State, 654 So. 2d 252 (Fla. 1st DCA 1995) (holding that a public defender’s lien is improperly imposed without notice and an opportunity to object); Trueblood v. State, 635 So. 2d 1024, 1025 (Fla. 1st DCA 1994) (“It is well-settled that the oral pronouncement of a sentence prevails over the written judgment and sentence form.”). We also strike and thus reverse that portion of appellant’s sentence, to-wit: “any sentence received…
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Luke v. State, 672 So. 2d 654 (Fla. 4th DCA 1996)…ailed to show within the record the correct number of days to which Luke is entitled. It has generally been held that when a written order does not conform to the oral pronouncement of judgment and sentence, the latter controls. Trueblood v. State, 635 So. 2d 1024 (Fla. 1st DCA 1994); Howard v. State, 591 So. 2d 1067 (Fla. 4th DCA 1991); Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982). In this case, however, we do not consider the court’s statement that Luke would be entitled to “842 days jail credit” to…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kennedy v. State, 564 So. 2d 1127 (Fla. 1st DCA 1990)
- Desue v. State, 605 So. 2d 933 (Fla. 1st DCA 1992)
- Archibald Scott Jeffrey v. State, 456 So. 2d 1307 (Fla. 1st DCA 1984)
- Armstead v. State, 612 So. 2d 623 (Fla. 1st DCA 1993)
- Trueblood v. State, 610 So. 2d 12 (Fla. 1st DCA 1992)