A.S., A CHILD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ricks v. State, 725 So. 2d 1205 (Fla. 2d DCA 1999)
  …ted by the trial court is a scrivener’s error in not identifying Ricks as having been sentenced as a habitual offender in the written judgment. The court’s oral pronounce [*1206] ment controls over the written sentencing document. See A.S. v. State, 714 So. 2d 1038 (Fla. 2d DCA 1998). Accordingly, the order of the trial court denying Ricks’ motion for postconviction relief is affirmed, and the case is remanded for correction of the scrivener’s error on Ricks’ judgment and sentence to reflect that he was sent…
• R.S.M. v. State, 910 So. 2d 361 (Fla. 2d DCA 2005)
  …e restitution in monthly installments of $50 each. R.S.M. preserved the scrivener’s error in his rule 8.135(b)(2) motion. Therefore, we remand for correction of the written order to conform to the trial court’s oral pronouncement. See A.S. v. State, 714 So. 2d 1038 (Fla. 2d DCA 1998). In his rule 8.135(b)(2) motion, R.S.M. also contended that because he was unemployed and incarcerated at the time of the restitution order, the order should have provided that payments shall be made upon his release once he obta…
• Van Royal v. State, 760 So. 2d 236 (Fla. 2d DCA 2000)
  …efore, we reverse the trial court’s order on this point and remand for further proceedings. On remand, the trial court should review the oral pronouncement of sentence to determine whether a true split sentence was imposed. See, e.g., A.S. v. State, 714 So. 2d 1038 (Fla. 2d DCA 1998) (holding that where there is a difference between the court’s oral pronouncement and the written order, the oral pronouncement controls). If in fact a true split sentence was imposed, as alleged by Royal, then he must be resentenc…

Authorities Cited

• D.F., Jr. v. State, 650 So. 2d 1097 (Fla. 2d DCA 1995)