DERRICK DESHAWN WILKERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Derrick Wilkerson appealed his sentencing, and the Fifth District Court of Appeal affirmed the conviction but remanded for correction of a scrivener's error in the written sentencing order. The written sentence imposed a twenty-year firearm mandatory minimum on Count II, which conflicted with the trial judge's oral pronouncement of a ten-year mandatory minimum and the jury's verdict that Wilkerson possessed but did not discharge a firearm.
The court affirmed the conviction but remanded the case for correction of the written sentencing order to conform to the oral pronouncement of a ten-year firearm mandatory minimum, as the written order's twenty-year minimum was erroneous and conflicted with both the oral pronouncement and the jury's verdict.
[1] A written disposition must be corrected to conform to the oral pronouncement when a discrepancy exists.
[2] A scrivener's error in a written judgment, such as a discrepancy between the oral pronouncement and the written order regarding probation length, is not rendered moot by…
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Join FLexlaw to unlock all legal intelligence“The court orally pronounced that "as to Count-II, you'll be sentenced to 25 years in the Florida Department of Corrections, 10 of which is a firearm mandatory/minimum-" In conflict with the oral pronouncement, the written sentence reflects that a twenty-year firearm mandatory minimum was imposed on Count II.”
Establishes the core scrivener's error: conflict between the oral pronouncement of a 10-year minimum and the written order's 20-year minimum.
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Join FLexlaw to unlock all legal intelligenceAt trial, the jury found that the defendant possessed, carried, displayed, used or threatened to use a firearm during the commission of the offense on…
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We affirm on all issues but write to address a scrivener’s error in the written sentencing order.
The court orally pronounced that “as to Count-II, you’ll be sentenced to 25 years in the Florida Department of Corrections, 10 of which is a firearm mandatory/minimum-” In conflict with the oral pronouncement, the written sentence reflects that a twenty-year firearm mandatory minimum was imposed on Count II.1 The written sentence should be corrected to conform to the oral pronouncement. Cros *452 key v. State, 71 So.3d 199 (Fla. 5th DCA 2011) (remanding for correction of erroneous written sentencing order to conform to oral pronouncement; explaining that written order imposing a twenty-year mandatory minimum pursuant to section 775.087(2)(a)2., Florida Statutes (2008), was erroneous where the jury specifically found appellant possessed but did not discharge a firearm and trial judge’s oral pronouncement of a ten-year minimum mandatory sentence pursuant to section 775.087(2)(a), Florida Statutes (2008), was correct); see also Douglas v. State, 140 So.3d 691 (Fla. 1st DCA 2014) (affirming judgment and sentence but remanding for correction of written sentence to match oral pronouncement).
AFFIRMED; REMANDED for correction of scrivener’s error.
TORPY, C.J., SAWAYA and PALMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Croskey v. State, 71 So. 3d 199 (Fla. 5th DCA 2011)
- Geil v. State, 140 So. 3d 691 (Fla. 1st DCA 2014)
- Douglas v. State, 140 So. 3d 691 (Fla. 1st DCA 2014)