ANDREW SCOTT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Andrew Scott was convicted of second-degree murder and sentenced to life imprisonment. The appellate court affirmed the conviction but reversed the sentence because the written sentencing order conflicted with the oral pronouncement regarding sentencing enhancements, requiring remand for correction.
The oral pronouncement of sentence prevails over a subsequent conflicting written sentencing order. The sentence was reversed and remanded to enter a corrected sentencing order reflecting only the prison releasee reoffender designation and removing the habitual felony offender designation.
[1] The oral pronouncement of sentence prevails over a subsequent and conflicting written sentencing order.
[2] A trial court errs in imposing a written sentence that conflicts with its oral pronouncement.
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Join FLexlaw to unlock all legal intelligence“The oral pronouncement of sentence prevails over a subsequent and conflicting written sentencing order.”
Establishes the governing legal principle that resolves the conflict between oral and written sentencing designations.
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Join FLexlaw to unlock all legal intelligenceScott was convicted of second-degree murder. The trial court imposed a sentence designating Scott both a prison releasee reoffender and a habitual fel…
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We affirm without discussion the defendant’s conviction for second-degree murder, but reverse the life sentence and remand for resentencing. The State properly conceded that the trial court erred in imposing a written sentence that conflicts with the oral pronouncement. The written sentence designated the defendant both a prison releasee reoffender and a habitual felony offender. The oral pronouncement, however, reflects that the trial court designated the defendant a prison releasee reoffender only. The oral pronouncement of sentence prevails over a subsequent and conflicting written sentencing order. Justice v. State, 674 So.2d 123 (Fla.1996).
Conviction affirmed. Sentence reversed and remanded to enter a corrected sentencing order reflecting defendant’s designation as a prison releasee reoffender and removing the designation as a habitual felony offender.1
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Robertson v. State, 134 So. 3d 548 (Fla. 3d DCA 2014)…WELLS, Judge. Affirmed without prejudice to the filing of a Florida Rule of Criminal Procedure 8.800(a) motion to correct the sentence imposed to accurately reflect the trial court’s oral pronouncement. See Scott v. State, 109 So. 3d 866, 866 (Fla. 3d DCA 2018) (“The oral pronouncement of sentence prevails over a subsequent and conflicting written sentencing order.”); Wright v. State, 98 So. 3d 1215, 1216 (Fla. 3d DCA 2012) (“[A]ny discrepancy between the oral pronouncement and the…
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Nelson v. State, 233 So. 3d 1180 (Fla. 3d DCA 2017)…Department of Corrections brought to the attention of the trial court a discrepancy between the oral pronouncement of Appellant’s sentences and the written sentencing orders, the trial court attempted to correct the discrepancy. See Scott v. State, 109 So. 3d 866, 866 (Fla. 3d DCA 2013) (“The oral pronouncement of sentence prevails over a subsequent and conflicting written sentencing order.”); Wright v. State, 98 So. 3d 1215, 1216 (Fla. 3d DCA 2012) (“[A]ny discrepancy between the oral pronouncement and the…
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Montoya v. State, 245 So. 3d 993 (Fla. 3d DCA 2018)…family during the period of probation” – in the community control and probation portion of defendant Andres Montoya’s sentence, and remand for the entry of a corrected order of probation that does not contain this condition. See Scott v. State, 109 So. 3d 866 (Fla. 3d DCA 2013) (“The State properly conceded that the trial court erred in imposing a written sentence that conflicts with the oral pronouncement. The written sentence designated the defendant both a prison releasee reoffender and a habitual…
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
- Justice v. State, 674 So. 2d 123 (Fla. 1996)
- Catalan v. State, 911 So. 2d 203 (Fla. 3d DCA 2005)
- Magwood v. State, 923 So. 2d 1186 (Fla. 1st DCA 2006)
- State v. Garcia, 923 So. 2d 1186 (Fla. 3d DCA 2006)