DAVID M. SALYER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellate court reversed in part and remanded because the written sentencing documents in case no. 04-291 included a three-year minimum mandatory firearm possession term that was not orally pronounced by the trial judge, and oral pronouncements control over written documents.
Oral pronouncements of sentence control over written sentencing documents, and where the trial judge orally pronounced a sentence without a three-year minimum mandatory firearm term but the written documents included it, the mandatory term must be stricken on remand.
[1] Oral pronouncements of sentence control over written sentencing documents, and written documents must be corrected to conform to the oral pronouncement when they differ.
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Join FLexlaw to unlock all legal intelligence“Oral pronouncements of sentence control over the written sentencing document.”
Court citing State v. Jones, 753 So. 2d 1276, 1277 n. 2 (Fla.2000) for the controlling legal principle.
David M. Salyer appealed the denial of his motion to correct sentence under Florida Rule of Criminal Procedure 3.800(a) in case no. 04-291, where the …
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PER CURIAM.
David M. Salyer appeals the denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). While Mr. Salyer raises several issues, only one has merit, i.e., his assertion that in case no. 04-291, the written sentencing documents differ from the sentence orally pronounced in court. Having carefully reviewed the record, we agree. The sentence orally pronounced by the trial judge in case no. 04-291 did not include the three-year minimum mandatory term ordinarily applicable due to possession of a firearm. However, the sentencing documents, which imposed a thirty-seven month prison sentence, included the three-year minimum mandatory term. Oral pronouncements of sentence control over the written sentencing document. State v. Jones, 753 So. 2d 1276, 1277 n. 2 (Fla.2000). Accordingly, on remand, the three-year minimum mandatory term shall be stricken from the sentencing documents in case no. 04-291. Mr. Salyer need not be present for resentencing. In all other respects, the order denying Mr. Salyer’s motion to correct sentence is affirmed.1
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
ORFINGER, MONACO and EVANDER, JJ., concur. . The three-year minimum mandatory imposed at the same proceeding in case no. 04-292 is unaffected by this opinion.
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Citator
Cited By
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Dunbar v. State, 46 So. 3d 81 (Fla. 5th DCA 2010)…ing statutes and the legislative intent behind enacting such laws. State v. Haddad, 750 So. 2d 139, 140 (Fla. 1st DCA 2000). We recognize that this court has issued at least one opinion which appears to conflict with Allen; namely, Salyer v. State, 951 So. 2d 68 (Fla. 5th DCA 2007). In Salyer, our court reversed the defendant’s sentence with instructions to strike the 3-year mandatory minimum sentence, explaining: The sentence orally pronounced by the trial judge in case no. 04-291 did not include the thre…
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Beatty v. State, 983 So. 2d 701 (Fla. 5th DCA 2008)…ach count, the court imposed one general sentence. As imposed, the written sentence is illegal. However, a court’s oral pronouncement of sentence controls over the written document. Ashley v. State, 850 So. 2d 1265, 1268 (Fla.2003); Salyer v. State, 951 So. 2d 68, 68 (Fla. 5th DCA 2007). Accordingly, we reverse the sentence and remand for resentencing. AFFIRMED in part, REVERSED in part, and REMANDED for resentencing. PALMER, C.J., and SAWAYA, J„ concur.…
Authorities Cited
- State v. Jones, 753 So. 2d 1276 (Fla. 2000)