ANGEL LUIS SANTIAGO, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Angel Santiago appealed his burglary conviction, challenging his sentence based on an alleged discrepancy between the trial court's oral pronouncement of a nonconsecutive sentence and the written judgment imposing a consecutive sentence. The appellate court affirmed after the court reporter corrected the transcript and Santiago's counsel conceded that the oral pronouncement actually imposed a consecutive sentence.
The court affirmed the trial court's denial of Santiago's motion. When a discrepancy exists between oral pronouncement and written sentence and the State does not concede error, the trial court must resolve the conflict factually. Here, the trial court properly relied on the court reporter's corrected affidavit and the audio recording confirming the oral pronouncement was for a consecutive sentence, making the written judgment correct.
[1] When a discrepancy exists between a written sentence and the oral pronouncement, the oral pronouncement generally prevails.
[2] A conflict between the oral pronouncement of a sentence and the written order requires a factual resolution by the trial court when the State does not concede error.
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Join FLexlaw to unlock all legal intelligence“Generally, courts have held that a written order must conform to the oral pronouncement ... because the written sentence is usually just a record of the actual sentence required to be pronounced in open court.”
Establishes the foundational rule that written sentences must conform to oral pronouncements
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Join FLexlaw to unlock all legal intelligenceSantiago was convicted by jury of burglary of a dwelling with an assault or battery. At sentencing, the trial court pronounced a 48.075-month sentence…
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Angel Santiago challenges his sentence imposed by the trial court following a jury trial at which he was convicted of burglary of a dwelling with an assault or battery. The sole issue raised in this direct appeal is whether the trial court erred in denying Santiago’s Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing error alleging that the written judgment and sentence conflicted with the court’s oral pronouncement of sentence. For the following reasons, we affirm.
*693The transcript of the sentencing hearing reflects that the trial court sentenced Santiago to serve 48.075 months in prison, specifically stating that it would be “nonconsecutive to any other sentences you may be serving.” The written sentencing documents provided, however, that Santiago’s sentence would run consecutively to any other sentence being served. Santiago thereafter filed his rule 3.800(b)(2) motion, arguing that the written sentence is erroneous and illegal because the court’s oral pronouncement of the “nonconsecutive” sentence controls over the written sentence. Following a hearing, the trial court denied Santiago’s motion, finding that the transcript was in error and that the written judgment and sentence is correct and complies with the court’s oral pronouncement.1
“Generally, courts have held that a written order must conform to the oral pronouncement ... because the written sentence is usually just a record of the actual sentence required to be pronounced in open court.” State v. Akins, 69 So.3d 261, 269 (Fla. 2011) (quoting Justice v. State, 674 So.2d 123, 125 (Fla. 1996)). Thus, “when there is a discrepancy between the written sentence and ‘the oral pronouncement, the oral pronouncement prevails.’ ” Id. (quoting Justice, 674 So.2d at 125). Typically, the parties will agree that where a discrepancy exists between the oral pronouncement and the written sentence, the written judgment and sentence must be corrected. However, where, as here, the State does not concede error, the “conflict between the oral pronouncement and the written order requires a factual resolution by the trial court.” Enchautegui v. State, 749 So.2d 550, 551 (Fla. 2d DCA 2000) (citing Tory v. State, 686 So.2d 689 (Fla. 4th DCA 1996)); accord Manual v. State, 547 So.2d 726 (Fla. 2d DCA 1989) (holding that where the written judgment and sentence do not conform to the oral pronouncement, on remand, the State may attempt to establish that the error was caused by the court reporter).
We find that the trial court properly addressed the discrepancy before it. In this case, the court reporter filed an affidavit subsequent to the hearing, correcting the transcript to read that the trial court did orally pronounce that Santiago’s sentence would run consecutively to any other active sentence. See Duncan v. State, 59 So.3d 1197, 1199 (Fla. 5th DCA 2011) (holding that “[i]f the trial court finds after appropriate investigation that the transcript of the digital recording of the proceedings was incorrect, then a correction to the transcript should be created”).2
Accordingly, we affirm Santiago’s conviction and sentence.
AFFIRMED.
COHEN, C.J., and ORFINGER, J., concur.
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Dosia Tremain Stewart v. State (Fla. 5th DCA 2026)…ater includes Stewart as serving a minimum mandatory term of twenty-five years under this statute. 3 ---PAGE 4--- The written judgment is inconsistent with the court's oral pronouncement of sentence, which is what controls. See Santiago v. State, 227 So. 3d 692, 693 (Fla. 5th DCA 2017) (“[W]hen there is a discrepancy between the written sentence and 'the oral pronouncement, the oral pronouncement prevails." (quoting State v. Akins, 69 So. 3d 261, 269 (Fla. 2011))). The trial court never announced a twenty-…
Authorities Cited
- Justice v. State, 674 So. 2d 123 (Fla. 1996)
- State v. Akins, 69 So. 3d 261 (Fla. 2011)
- Traman D. Tory v. State, 686 So. 2d 689 (Fla. 4th DCA 1996)
- Manual v. State, 547 So. 2d 726 (Fla. 2d DCA 1989)
- Ernestor Enchautegui v. State, 749 So. 2d 550 (Fla. 2d DCA 2000)
- Duncan v. State, 59 So. 3d 1197 (Fla. 5th DCA 2011)