DWIGHT ROSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Dwight Ross appeals his conviction for burglary and petit theft. The appellate court found merit only in his contention that his written sentence must be corrected to reflect the trial court's oral pronouncement that he would not be sentenced as a habitual felony offender, and reversed on that basis while affirming the conviction in all other respects.
The written sentence must be corrected to reflect the trial court's oral pronouncement that Ross would not be sentenced as a habitual felony offender. The officer had reasonable suspicion to support an investigatory detention and did not cross the line into an arrest. The trial court properly followed the peremptory challenge rules.
[1] A written sentence must be corrected to conform to the trial court's oral pronouncement when there is a discrepancy.
[2] An investigatory detention is permissible when an officer has reasonable suspicion, and the line between detention and arrest is not crossed.
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Join FLexlaw to unlock all legal intelligence“his written sentence must be corrected to reflect the trial court's oral pronouncement that he would not be sentenced as a habitual felony offender”
Establishes the basis for reversal - the need to correct a scrivener's error in the written sentence to match the oral pronouncement.
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Join FLexlaw to unlock all legal intelligenceDwight Ross was convicted of burglary of a structure and petit theft. The trial court imposed a sentence but the written sentence did not reflect the …
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[*832] PER CURIAM.
The defendant, Dwight Ross, appeals his conviction for burglary of a structure and petit theft. He raises three issues. We find merit only in the defendant’s contention that his written sentence must be corrected to reflect the trial court’s oral pronouncement that he would not be sentenced as a habitual felony offender. See Wilcox v. State, 674 So. 2d 191 (Fla. 2d DCA 1996); Donald v. State, 613 So. 2d 935 (Fla. 1st DCA 1993). The state concedes this was error. Accordingly, we reverse on this basis only.
The defendant also contends that a witness’s identification of him should be suppressed because it occurred after he was arrested without probable cause. Having examined the record, we find no error in the trial court’s determination that the officer had reasonable suspicion to support an investigatory detention and that the line between an investigatory detention and an arrest was not crossed. See generally Hayes v. Florida, 470 U.S. 811, 815-16,105 S.Ct. 1643, 1646-47, 84 L.Ed.2d 705 (1985) (stating no bright-line exists between an investigatory detention and an arrest).
Finally, the defendant claims that the record does not demonstrate that the rules pertaining to peremptory challenges as set forth in Coney v. State, 653 So. 2d 1009 (Fla.), cert. denied, — U.S. -, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995), were followed. First, we question whether the defendant should be required to raise this issue in a postconviction motion. See Hill v. State, 696 So. 2d 798 (Fla. 2d DCA 1997) (Altenbernd, J., concurring) (certifying question whether defendant must “file a postconviction motion alleging under oath that he or she would not have exercised peremptory challenges in the same manner as his or her attorney”). However, we need not address that question because we conclude that no error occurred. It is clear from the record that the jurors were sent out of the courtroom and the jury challenges were exercised in open court in the defendant’s presence. Further, the record establishes that defense counsel consulted with the defendant during the jury selection process.
We remand with directions to the trial court to correct the scrivener’s error on the defendant’s written sentence. The defendant need not be present. In all other respects, we affirm.
THREADGILL, C.J., and FULMER and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Coney v. State, 653 So. 2d 1009 (Fla. 1995)
- Hayes v. Florida, 470 U.S. 811 (U.S. 1985)
- Hill v. State, 696 So. 2d 798 (Fla. 2d DCA 1997)
- Wilcox v. State, 674 So. 2d 191 (Fla. 2d DCA 1996)
- Foster v. Healthsouth Reg'l Rehab. Ctr., Ltd., 613 So. 2d 935 (Fla. 3d DCA 1993)
- Vermon T. Donald v. State, 613 So. 2d 935 (Fla. 1st DCA 1993)