TOMMIE LEE GAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2016-06-15
No. 2D15-352
WALLACE and BADALAMENTI-, JJ., Concur.
193 So. 3d 1069 Florida District Court of Appeal, Second District (2016) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

A written sentence order must conform to the trial court's oral pronouncement; a discrepancy constitutes reversible error.

Facts & Procedural History

The defendant was convicted of battery and sentenced to probation with community service. The written order of probation differed from the oral senten…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Topics
Written Order Of Probation Anders Appeal Oral Pronouncement Of Sentence

Explore caselaw by topic → Browse Written Order Of Probation cases and more on FLexlaw

Opinion of the Court
VILLANTI, Chief Judge.

VILLANTI, Chief Judge.

In this Anders1 appeal, Tommie Lee Gay appeals his judgment and sentence for battery. We affirm the judgment" arid sentence imposed without comment. However, because the written order of probation differed from the trial court’s - oral pronouncement" of sentence, we reverse and remand for entry of a corrected written order of probation.

Gay was found guilty of battery (domestic violence, second or subsequent offense) following a jury trial. At sentencing, the trial court orally sentenced Gay to twenty-four months’ probation and , ordered him to complete fifty hours of community service at a minimum rate of four hours per month. The written order of probation mirrored the sentence pronounced in open-court, except that the written order required the community service hours to be completed at a minimum rate of five hours per .month. .

A trial court’s written sentence must conform to its oral pronouncement; when the two differ, that constitutes reversible error. See Rivera v. State, 34 So.3d 207, 208 (Fla. 2d DCA 2010). In this case, the written order of probation differs from the trial court’s oral pronouncement of sentence as to the rate at- which Gay must complete his community service hours. Accordingly, we reverse and remand for the trial court to amend the written order of probation to conform to the trial court’s oral pronouncement of this condition. In all other aspects, we affirm.

Affirmed in part, reversed in part, and remanded.

WALLACE and BADALAMENTI-, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Jesus Cabrera - Toledo v. State, 319 So. 3d 806 (Fla. 2d DCA 2021)
    …motion within sixty days; therefore, the motion is deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B). "A trial court's written sentence must conform to its oral pronouncement; when the two differ, that constitutes reversible error." Gay v. State, 193 So. 3d 1069, 1070 (Fla. 2d DCA 2016) (citing Rivera v. State, 34 So. 3d 207, 208 (Fla. 2d DCA 2010)). Because the trial court's oral pronouncement differs from the written sentence as to whether Cabrera-Toledo's sentences run concurrently, we reverse and remand…
  • Reeves v. State (Fla. 2d DCA 2025)

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw