MONILETHAN A. KYLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Kyle pleaded no contest to two counts of aggravated battery with a firearm and appealed despite not reserving issues. Although the public defender filed an Anders brief and the state urged dismissal, the appellate court identified discrepancies between the oral sentencing pronouncements and written sentencing documents that warranted correction.
The oral pronouncements of sentence control over the written sentencing documents. The case is remanded for the written documents to be corrected to conform to the court's oral pronouncements of ten years probation and 100 hours of community service per count.
[1] The oral pronouncement of sentence controls over the written sentence.
[2] Discrepancies between written sentencing documents and oral pronouncements at sentencing should be corrected to conform to the oral pronouncements.
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Join FLexlaw to unlock all legal intelligence“The oral pronouncement of sentence controls over the written sentence.”
Establishes the legal standard that oral sentencing pronouncements take precedence over written documents when discrepancies exist.
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Join FLexlaw to unlock all legal intelligenceKyle pleaded no contest to two counts of aggravated battery with a firearm. At sentencing, the court orally pronounced a sentence of ten years probati…
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PER CURIAM.
Appellant pled no contest to two counts of aggravated battery with a firearm without reserving any issues for appeal. He subsequently filed this appeal, and the public defender filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The appellee urges dismissal of the appeal pursuant to Robinson v. State, 373 So. 2d 898 (Fla.1979), Kearney v. State, 579 So. 2d 410 (Fla. 1st DCA 1991), and Ford v. State, 575 So. 2d 1335 (Fla. 1st DCA) review denied 581 So. 2d 1310 (Fla.1991).
However, in reviewing the record for any errors that might appear on its face, State v. Causey, 503 So. 2d 321 (Fla.1987), we have noticed two minor discrepancies between the written sentencing documents and the oral pronouncements of the court at sentencing. We believe it is appropriate to call attention to these discrepancies so they may be corrected before they lead to any confusion when appellant begins serving the probation portion of his sentence.
At the sentencing hearing, the court announced that appellant would serve ten years of probation, while the written documents call for eight years of probation. In addition, the court announced that as a special condition of probation, appellant would be required to serve 100 hours of community service for each of the two counts he was charged with, however, the written document appears to call for 300 hours. The oral pronouncement of sentence controls over the written sentence. Robinson v. State, 605 So. 2d 500 (Fla. 1st DCA 1992). Therefore, the written documents should be corrected to conform to the court’s oral pronouncements. We REMAND the case for that purpose. In all other respects, the ease is AFFIRMED.
BOOTH, JOANOS and MINER, JJ„ concur.
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Wilkins v. State, 673 So. 2d 891 (Fla. 1st DCA 1996)…hat the written sentencing order differs from the sentence orally pronounced as to the appellant’s entitlement to certain credits for time served in jail and in prison. Were this true, the orally pronounced sentence would prevail. See Kyle v. State, 648 So. 2d 1238 (Fla. 1st DCA 1995); Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984) (oral sentence controls over written sentence in case of conflict). However, our review of the written sentencing order shows that credits were given. The following categories…
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Lindsey v. State, 671 So. 2d 219 (Fla. 1st DCA 1996)…. This case is remanded for correction of the written sentencing form, because it fails to reflect the sentence orally pronounced as to Count III in Case No. 94-4597. Appellant’s convictions and sentences are otherwise affirmed. See Kyle v. State, 648 So. 2d 1238 (Fla. 1st DCA 1995); Kidd v. State, 643 So. 2d 1190 (Fla. 1st DCA 1994). AFFIRMED, but REMANDED for correction of the written sentencing form. ERVIN, MINER and LAWRENCE, JJ., concur.…
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Vest v. State, 764 So. 2d 909 (Fla. 1st DCA 2000)…and to the extent the written sentence may be read to impose consecutive minimum mandatory terms, the oral pronouncement of sentence controls over any subsequent written sentence. Farmer v. State, 670 So. 2d 1143 (Fla. 1st DCA 1996); Kyle v. State, 648 So. 2d 1238 (Fla. 1st DCA 1995). MINER and PADOVANO, JJ., CONCUR.…
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
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- State v. Causey, 503 So. 2d 321 (Fla. 1987)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Kearney v. State, 579 So. 2d 410 (Fla. 1st DCA 1991)
- Ford v. State, 575 So. 2d 1335 (Fla. 1st DCA 1991)
- Robinson v. State, 605 So. 2d 500 (Fla. 1st DCA 1992)