TELLY JON KNOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant challenges his state prison sentence, where his Criminal Punishment Code sentencing score required a non-state prison sentence unless the court made written findings that such a sentence could present a danger to the public. See § 775.082(10), Fla. Stat. (2013). The trial court made the required findings at the sentencing hearing, but' entered a written order only after appellant had filed a notice of appeal of the sentence, depriving the court of jurisdiction. Appellant thereafter moved to correct the sentence under Florida Rule- of Criminal Procedure 3.800(b)(2), claiming that the sentence was illegal because the written findings were entered after the eotirt lost jurisdiction. In denying this motion, a successor judge attached the previously-entered written findings to its order. We find that by accepting and attaching the written findings, the court fulfilled the statutory requirement, and appellant was not prejudiced. See Mandri v. State, 813 So.2d 65 (Fla.2002) (finding that failure to file written reasons was harmless error corrected by court filing written reasons in response to motion to correct sentence).
Affirmed.
‘ CIKLIN, C.J., WARNER and KLINGENSMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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R.L.F. v. State, 228 So. 3d 633 (Fla. 2d DCA 2017)…the oral pronouncement.” (quoting Guerra v. State, 927 So. 2d 248, 249 (Fla. 2d DCA 2006))). However, because R.L.F. failed to preserve this potential error by filing a motion to correct sentencing error, this court must affirm. See Thomas v. State, 190 So. 3d 222, 223 (Fla. 1st DCA 2016) (affirming without prejudice the defendant’s sentence because even though the written sentence failed to comport with the trial court’s oral pronouncement, the defendant failed to properly preserve the sentencing error). Our…
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Labronx Bailey v. State (Fla. 2d DCA 2019)
Authorities Cited
- Mandri v. State, 813 So. 2d 65 (Fla. 2002)