MEHBOOB JIVANJEE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Defendant's conviction is affirmed, but his sentence is vacated and remanded because the written sentencing order incorrectly imposed 50 years instead of the 30 years orally pronounced by the trial court.
A written sentencing order must conform to the trial court's oral pronouncement of sentence.
[1] A written sentencing order must conform to the trial court's oral pronouncement of sentence, and any discrepancy requires correction on remand.
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Join FLexlaw to unlock all legal intelligenceDefendant was convicted and at sentencing the trial court orally pronounced a 30-year sentence with a 15-year mandatory minimum, but the written order…
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PER CURIAM.
Defendant appeals his conviction and sentence.
We affirm the conviction, however we vacate the sentence and remand for resentencing.
Defendant argues that the State’s questioning opened the door to his testimony as to the maximum penalty he was facing, and that the trial court erred in refusing to permit his testimony in this regard.
The record clearly reflects that no testimony was elicited which created a misleading impression with the jury. See Bozeman v. State, 698 So. 2d 629, 630-31 (Fla. 4th DCA 1997).
Thus there was no error as to this issue. Upon the State’s confession of error and our independent review of the record, we agree, however, that the trial court erred in sentencing defendant to 50 years imprisonment. At his sentencing hearing, the court sentenced defendant to a 30-year term of imprisonment, with a 15-year mandatory minimum sentence. The written sentencing order later rendered, however provided for a 50-year term of imprisonment, with the 15-year mandatory minimum sentence. A written sentencing order must conform to the trial court’s oral pronouncement of sentence. See Tannehill v. State, 712 So. 2d 438 (Fla. 3d DCA 1998); Denson v. State, 711 So. 2d 1225 (Fla. 2d DCA 1998); Murguia v. State, 711 So. 2d 185 (Fla. 3d DCA 1998); Alvarez v. State, 698 So. 2d 1377 (Fla. 3d DCA 1997); Ramos v. State, 682 So. 2d 711 (Fla. 3d DCA 1996).
Accordingly, defendant’s conviction is affirmed, defendant’s sentence is vacated and the case remanded with directions to correct the written sentencing order to reflect a sentence of 30 years imprisonment with a 15-year mandatory minimum sentence.
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Cited By
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Lachase v. State, 750 So. 2d 744 (Fla. 3d DCA 2000)…t to grant the defendant credit for time served as reflected in the court’s oral pronouncement of sentence. See Sconiers v. State, 734 So. 2d 427 (Fla. 3d DCA 1999)(a written order must conform to the court’s oral pronouncements); Jivanjee v. State, 724 So. 2d 108 (Fla. 3d DCA 1998)(error to impose sentence not in conformance with oral pronouncement).…
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Kazi Keno Bowleg v. State, 813 So. 2d 291 (Fla. 3d DCA 2002)…the sentencing order, and remand for entry of a sentencing order that comports with the trial court’s oral pronouncement. See Reddick v. State, 802 So. 2d 421 (Fla. 3d DCA 2001); Arnold v. State, 754 So. 2d 149 (Fla. 2d DCA 2000); Jivanjee v. State, 724 So. 2d 108 (Fla. 3d DCA 1998). Affirmed in part; vacated in part and remanded.…
Authorities Cited
- Bozeman v. State, 698 So. 2d 629 (Fla. 4th DCA 1997)
- Denson v. State, 711 So. 2d 1225 (Fla. 2d DCA 1998)
- Ramos v. State, 682 So. 2d 711 (Fla. 3d DCA 1996)
- Wilson v. State, 698 So. 2d 1377 (Fla. 3d DCA 1997)
- Murguia v. State, 711 So. 2d 185 (Fla. 3d DCA 1998)
- Tannehill v. State, 712 So. 2d 438 (Fla. 3d DCA 1998)
- Ross v. City OF Miami & Ga. Dep't of Human Res., 712 So. 2d 438 (Fla. 3d DCA 1998)