ALEX RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Alex Rodriguez appealed his convictions for aggravated assault with a firearm, discharging a firearm in public, and related charges. The appellate court affirmed his convictions and sentences but remanded for correction of scrivener's errors in the judgment and sentencing documents.
The court affirmed Rodriguez's convictions and sentences but remanded the case for correction of scrivener's errors: (1) the judgment incorrectly stated Rodriguez received a youthful offender sentence when the trial court orally rejected that request, and (2) the judgment listed an incorrect statute number for the count 3 conviction.
[1] An oral pronouncement of a sentence controls and constitutes the legal sentence imposed, superseding any conflicting written judgment.
[2] A scrivener's error in a written judgment or sentence that conflicts with the oral pronouncement or jury verdict warrants remand for correction.
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Join FLexlaw to unlock all legal intelligence“[T]he oral pronouncement controls and constitutes the legal sentence imposed.”
Establishes that the trial court's oral pronouncement of sentence, not the written judgment, is the legal sentence when they conflict.
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Join FLexlaw to unlock all legal intelligenceRodriguez was charged with two counts of aggravated assault with a firearm (counts 1-2), discharging a firearm in public (count 3), and shooting into …
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Appellant’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We have jurisdiction. See Fla. R. App. P. 9.140(b)(1)(A), (F). We affirm Alex Rodriguez’s judgments and sentences. Because our independent review of the record reveals several scrivener’s errors in the amended judgment and sentences, we remand for correction.
The State charged Mr. Rodriguez with two counts of aggravated assault with a firearm involving actual possession and discharge (counts 1 and 2), one count of discharging a firearm in public (count 3), and one count of shooting into an unoccupied vehicle (count 4). The State entered a nolle prosequi on count 4, and the jury found Mr. Rodriguez guilty as charged on the remaining counts. At sentencing, the trial court rejected defense counsel’s request to sentence Mr. Rodriguez as a youthful offender. Instead, the trial court imposed concurrent mandatory minimum terms of twenty years’ imprisonment on counts 1- and 2, and 170 days in jail on count 3.
Despite the trial court’s refusal to impose a youthful offender sentence, the written judgment and sentence erroneously states that Mr. Rodriguez received such a sentence. “[T]he oral pronouncement controls and constitutes the legal sentence imposed.” Williams v. State, 957 So.2d 600, 603 (Fla. 2007). Accordingly, we remand for the trial court to correct this error. See Ashley v. State, 850 So.2d 1265, 1268 (Fla. 2003); Justice v. State, 674 So.2d 123, 126 (Fla. 1996).
Further, the judgment incorrectly reflects that Mr. Rodriguez was convicted on count 3 for discharging a firearm from a vehicle under section 790.15(2), Florida Statutes (2013). Because the judgment lists a conviction for the incorrect offense, remand is appropriate for - correction of this error. See Grant v. State, 983 So.2d 730, 730 (Fla. 2d DCA 2008) (“[W] remand “for the trial court to correct the scrivener’s error so that the judgment and sentence *1055accurately reflect the jury’s verdict.”). Correspondingly, the trial court should amend the judgment for count 3 to reflect the correct statute number under which Mr. Rodriguez was sentenced. See Mosely v. State, 688 So.2d 999, 1000 (Fla. 2d DCA 1997) (“[W]e treat the citation to the incorrect statute as a scrivener’s error and remand this case for correction of the judgment to indicate a conviction under section 810.02(2)(a).”).
Mr. Rodriguez need not be present when these scrivener’s errors are corrected. See Palmer v. State, 141 So.3d 696, 697 (Fla. 2d DCA 2014).
Affirmed; remanded to correct scrivener’s errors.
NORTHCUTT and CRENSHAW, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Niyke Deangelo Echavarria v. State, 270 So. 3d 527 (Fla. 2d DCA 2019)…, 155 So. 3d 497, 497 (Fla. 5th DCA 2015) (remanding for correction of scrivener's error in the order on fines and costs in an Anders appeal). Mr. Echavarria need not be present for the correction of the scrivener's errors. See Rodriguez v. State, 223 So. 3d 1053, 1055 (Fla. 2d DCA 2017). Affirmed; remanded to correct scrivener's errors. VILLANTI and ATKINSON, JJ., Concur.…
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Spatcher v. State, 228 So. 3d 1162 (Fla. 1st DCA 2017)…nefits the defendant. That is tantamount to arguing that the lesser punishment always controls, a rule we have never recognized. The rule that oral pronouncements control operates whether it helps or hurts a defendant. See, e.g., Rodriguez v. State, 223 So. 3d 1053, 1054 (Fla. 2d DCA 2017) (remanding for trial court to strike youthful offender sentence in written judgment because court orally denied defendant’s request for a youthful offender sentence and instead imposed twenty years’ imprisonment); Drumwright…
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Ismer v. State, 253 So. 3d 769 (Fla. 2d DCA 2018)…remanding for correction of scrivener's error when judgment "erroneously list[ed] the first-degree misdemeanor offense as a third-degree felony"). Mr. Ismer need not be present for the correction of the scrivener's error. See Rodriguez v. State, 223 So. 3d 1053, 1055 (Fla. 2d DCA 2017). Affirmed; remanded to correct scrivener's error. SILBERMAN and LUCAS, JJ., Concur.…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Williams v. State, 957 So. 2d 600 (Fla. 2007)
- Justice v. State, 674 So. 2d 123 (Fla. 1996)
- Deran Mosely v. State, 688 So. 2d 999 (Fla. 2d DCA 1997)
- Jorvonni Palmer v. State, 141 So. 3d 696 (Fla. 2d DCA 2014)
- Ellis v. State, 983 So. 2d 730 (Fla. 5th DCA 2008)
- Dante Grant v. State, 983 So. 2d 730 (Fla. 2d DCA 2008)