JOHN M. WINCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
John Winchell appeals his judgment and sentence for aggravated assault. We affirm the judgment without discussion. However, we remand for resentencing because the trial court failed to orally pronounce its intent to impose a minimum mandatory term for Winchell’s habitual offender sentence. See State v. Hudson, 698 So. 2d 831 (Fla.1997). Because enhancement under the habitual offender statute is permissive, rather than mandatory, the trial court was required to orally pronounce the minimum mandatory term. See Moody v. State, 699 So. 2d 1009 (Fla.1997); Hudson, 698 So. 2d at 833. We, therefore, reverse the sentence. On remand, the trial court should enter a written sentence which conforms with the court’s original oral pronouncement.
Affirmed in part, and remanded for re-sentencing.
PARKER, C.J., THREADGILL and STRINGER, JJ., Concur.
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Regino v. State, 921 So. 2d 845 (Fla. 2d DCA 2006)…prison term of ten years. We are compelled to reverse the post-conviction court’s denial of Mr. Regino’s second claim because the trial court did not orally pronounce a minimum mandatory term for Mr. Regino’s HVFO sentence. See Winchell v. State, 740 So. 2d 572 (Fla. 2d DCA 1999). On remand, the trial court should enter a written sentence that conforms with the original oral pronouncement. See id. [*846] Affirmed in part, reversed in part, and remanded. STRINGER and WALLACE, JJ., Concur.…
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Robbins v. State, 813 So. 2d 960 (Fla. 2d DCA 2002)…e of the appellate court’s decision rather than the law in effect at the time judgment was entered). Pursuant to Hudson, Robbins was entitled to either have the written judgment corrected to conform to the oral pronouncement, see Winchell v. State, 740 So. 2d 572 (Fla. 2d DCA 1999) (holding that where trial court failed to orally pronounce permissive minimum mandatory sentence it would be stricken) or to have the trial court reconsider whether to impose the minimum mandatory sentence. See Kelly v. State, 727…
Authorities Cited
- State v. Hudson, 698 So. 2d 831 (Fla. 1997)
- Moody v. State, 699 So. 2d 1009 (Fla. 1997)