REGINALD MCKINLEY RICKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the denial of Ricks' postconviction challenge to his habitual offender sentence, holding that the trial court's oral pronouncement of sentence as a habitual offender controls over the written judgment's omission, and remanded only to correct the scrivener's error in the written document.
The trial court's oral pronouncement of sentence as a habitual offender controls over any scrivener's error in the written judgment, and the sentence is legal where the court orally imposed it as a habitual offender sentence.
[1] A trial court's oral pronouncement of sentence at the sentencing hearing controls over any scrivener's error or omission in the written judgment and sentence document.
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Join FLexlaw to unlock all legal intelligence“The court's oral pronouncement controls over the written sentencing document.”
Explaining why the scrivener's error in the written judgment does not affect the validity of the sentence orally pronounced as a habitual offender.
Reginald McKinley Ricks was sentenced as a habitual offender on October 31, 1995, but the written judgment failed to reflect this designation, leading…
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PER CURIAM.
Reginald McKinley Ricks appeals the trial court’s summary denial of his challenge to his sentence as a habitual offender. Ricks argues that the original sentencing court chose not to sentence him as a habitual offender even though he qualified as such, and that his original sentence exceeded the statutory maximum. He concludes that the prison term he was given upon the subsequent revocation of his probation is illegal because it also exceeds the statutory maximum for his crime.
The trial court’s denial of Ricks’ motion for postconvietion relief is affirmed. Ricks’ factual premise that the court did not sentence him originally as a habitual offender is incorrect, as reflected in the transcript of his sentencing hearing. Consequently, his conclusions concerning the legality of his sentence are also incorrect. The only error committed 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 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 sentenced on October 31, 1995, as a habitual offender in case number 95-09565.
BLUE, A.C.J., and FULMER and WHATLEY, JJ., Concur.
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Amendments TO Fla. Rules OF Crim. Procedure 3.111(e) & 3.800 & Fla. Rules OF App. Procedure 9.020(h), 791 So. 2d 525 (Fla. 2001)…polygraph exam”); Pressley v. State, 726 So. 2d 403 (Fla. 2d DCA 1999) (correcting scrivener’s error in the sentencing documents that identified the defendant as a habitual offender when he was not sentenced as a habitual offender); Ricks v. State, 725 So. 2d 1205 (Fla. 2d DCA 1999) (correcting scrivener's error that resulted from the written sentence not identifying the defendant as a habitual offender although the court had orally pronounced a habitual offender sentence), review denied, 732 So. 2d 328 (Fla.…1 / 2
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Amendments to the Florida Rules of Criminal Procedure, 886 So. 2d 197 (Fla. 2004)…polygraph exam”); Pressley v. State, 726 So. 2d 403 (Fla. 2d DCA 1999) (correcting scrivener’s error in the sentencing documents that identified the defendant as a habitual offender when he was not sentenced as a habitual offender); Ricks v. State, 725 So. 2d 1205 (Fla. 2d DCA 1999) (correcting scrivener’s error that resulted from the written sentence not identifying the defendant as a habitual offender although the court had orally pronounced a habitual offender sentence), review denied, 732 So. 2d 328 (Fla.…
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Amendments to the Florida Rules of Criminal Procedure, 794 So. 2d 457 (Fla. 2000)…polygraph exam”); Pressley v. State, 726 So. 2d 403 (Fla. 2d DCA 1999) (correcting scrivener’s error, in the sentencing documents that identified the defendant as a habitual offender when he was not sentenced as a habitual offender); Ricks v. State, 725 So. 2d 1205 (Fla. 2d DCA 1999) (correcting scrivener’s error that resulted from the written sentence not identifying the defendant as a habitual offender although the court had orally pronounced a habitual offender sentence), review denied, 732 So. 2d 328 (Fla.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- A.S. v. State, 714 So. 2d 1038 (Fla. 2d DCA 1998)