SEAN PATRICK SULLIVAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Sean Patrick Sullivan appealed his sentence after pleading no contest to burglary, criminal mischief, and assault. The trial court orally pronounced him a youthful offender but the written judgment failed to reflect this designation, and the appellate court reversed and remanded to correct the discrepancy.
The court held that a discrepancy between a written judgment and an oral pronouncement of sentence is cognizable in a Rule 3.800 motion to correct illegal sentence, and that a court's oral pronouncement of a sentence controls over the written sentencing document. Accordingly, Sullivan's sentence was reversed to the extent it did not reflect the youthful offender designation.
[1] A discrepancy between a written judgment and sentence and the oral pronouncement of the sentence is cognizable in a motion to correct an illegal sentence.
[2] A court's oral pronouncement of a sentence controls over the written sentencing document.
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Join FLexlaw to unlock all legal intelligence“a court's oral pronouncement of a sentence controls over the written sentencing document”
Establishes the primary legal rule that oral pronouncements take precedence over written judgments when they conflict
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Join FLexlaw to unlock all legal intelligenceSullivan pled no contest to three counts: burglary of a dwelling with assault, criminal mischief, and assault. At sentencing, the trial court orally p…
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PER CURIAM.
Appellant Sean Patrick Sullivan appeals his judgment and sentence. In the proceedings below, appellant pled no contest to three counts, (I) burglary of a dwelling with assault, (II) criminal mischief, and (III) assault. At his sentencing hearing, the trial court orally announced appellant would be sentenced as a youthful offender to time served on counts II and III, and to seventy-two months probation, with the first twenty-four months on community control, on count I. However, the subsequent written judgment and sentence did not reflect that appellant was sentenced as a youthful offender. Appellant filed a Motion to Correct Illegal Sentence, pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). On May 29, 2007, the Clerk entered a statement certifying that no ruling was entered on the motion. Pursuant to Florida Rule of Criminal Procedure 3.800(b)(1)(B), we treat the statement of no ruling as a denial of the motion.
The sole issue on appeal is whether the trial court erred in entering a written judgment and sentence which does not conform to the court’s oral pronouncement. A discrepancy between a written judgment and sentence and the oral pronouncement of the sentence is cognizable in a Rule 3.800 motion to correct illegal sentence. See Williams v. State, 957 So. 2d 600 (Fla.2007). In such cases, “a court’s oral pronouncement of a sentence controls over the written sentencing document.” Id. at 603. Thus, we REVERSE appellant’s sentence to the extent it does not reflect that appellant was sentenced as a youthful offender, and REMAND with instructions to the trial court to correct the error. Because this is a ministerial act, the appellant’s presence is not required.
POLSTON, HAWKES, and THOMAS, JJ., concur.
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Morris v. State (Fla. 1st DCA 2020)…le Carjacking contrary to section 812.133(2)(b), Florida Statutes. The issue of an alleged discrepancy between the oral pronouncement of a sentence and the written portion of said sentence is one cognizable in a rule 3.800 motion. Sullivan v. State, 971 So. 2d 269, 270 (Fla. 1st DCA 2008). In such circumstances, the oral pronouncement of a sentence controls over the written sentence form. Id.; Marshall v. State, 652 So. 2d 974, 974-75 (Fla. 1st DCA 1995) (vacating written portion of a sentence for inconsisten…
Authorities Cited
- Williams v. State, 957 So. 2d 600 (Fla. 2007)