ERNEST A. GREENE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that when a written sentence does not conform to the oral pronouncement, the oral pronouncement prevails and the written sentence must be corrected.
Appellant was resentenced following a prior ruling, but the written sentence included a term of probation that was not included in the oral pronouncem…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse De Novo Sentencing Hearing cases and more on FLexlaw
PER CURIAM.
The appellant challenges the trial court’s order summarily denying his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant’s written sentence does not conform to the trial court’s oral pronouncement, we reverse.
The appellant pled guilty to several offenses, including burglary while armed, and was sentenced as a habitual violent felony offender to eighteen years of imprisonment, followed by ten years of probation, on the burglary count. Pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000), the appellant was resentenced to eighty months of imprisonment. However, the written sentence provided for a habitual violent felony offender sentence of eighty months, followed by ten years of probation. The appellant challenges the imposition of probation.
Resentencing pursuant to Heggs entitled the appellant to a de novo sentencing hearing with the full array of due process considerations. Trotter v. State, 825 So. 2d 362, 368 (Fla.2002); Gonzalez v. State, 838 So. 2d 1242 (Fla. 1st DCA 2003). Therefore, the trial court should have pronounced each and every term of sentencing to ensure that the written sentence would be given effect. See Williams v. State, 801 So. 2d 284 (Fla. 4th DCA 2001).
In denying the appellant’s motion, the trial court disregarded the general rule that the court’s oral pronouncement prevails over the written sentence. See Ashley v. State, 850 So. 2d 1265 (Fla.2003). When the trial court imposes sentencing terms that were not orally pronounced, the court violates the constitutional protection against double jeopardy. Id. Accordingly, the trial court’s order is reversed and the cause is remanded to the' trial court to strike the ten-year term of probation from the written sentence.
REVERSED and REMANDED.
WOLF, C.J., LEWIS and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. State, 957 So. 2d 600 (Fla. 2007)…t does not comport with the sentence orally pronounced in open court; these courts have authorized correction of this type of error in a rule 3.800(a) postconviction proceeding. See Hood v. State, 851 So. 2d 829 (Fla. 1st DCA 2003); Greene v. State, 853 So. 2d 1114 (Fla. 1st DCA 2003); Cote v. State, 841 So. 2d 488 (Fla. 2d DCA 2003), quashed, 913 So. 2d 544 (Fla.2005); Fitzpatrick, 863 So. 2d at 463; Watts, 790 So. 2d at 1176; Dobarganes v. State, 930 So. 2d 765 (Fla. 3d DCA 2006); Berthiaume, 864 So. 2d at 1…
-
Berthiaume v. State, 864 So. 2d 1257 (Fla. 5th DCA 2004)…ot illegal, but this court and others have authorized the use of rule 3.800(a) to address discrepancies between the oral pronouncement of a sentence and the written judgment. See Pittman v. State, 859 So. 2d 555 (Fla. 5th DCA 2003); Greene v. State, 853 So. 2d 1114 (Fla. 1st DCA 2003); Polite v. State, 847 So. 2d 1156 (Fla. 5th DCA 2003); Cote v. State, 841 So. 2d 488 (Fla. 2d DCA 2003); Thomas v. State, 778 So. 2d 429 (Fla. 5th DCA 2001). We reverse the appealed order and remand for a determination whether…
-
Kelsey Smith v. State, 881 So. 2d 698 (Fla. 1st DCA 2004)…PER CURIAM. Reversed and remanded for the trial court to strike the probationary term from the appellant’s written sentence. See Ashley v. State, 850 So. 2d 1265, 1267-68 (Fla.2003); Greene v. State, 853 So. 2d 1114 (Fla. 1st DCA 2003). DAVIS, BROWNING and HAWKES, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Trotter v. State, 825 So. 2d 362 (Fla. 2002)
- Laine v. State, 838 So. 2d 1242 (Fla. 1st DCA 2003)
- Williams v. State, 801 So. 2d 284 (Fla. 4th DCA 2001)