WOODROW W. ROSE
v.
STATE OF FLORIDA
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Woodrow Rose appealed the trial court's denial of a Rule 3.800 motion challenging his 1982 sentences for sexual battery and armed burglary. Rose claimed he pleaded guilty to only one count and that his life sentence was not orally pronounced. The court affirmed the denial as to the plea issue but reversed and remanded regarding the sentence pronouncement claim due to absence of the sentencing transcript.
The court affirmed the trial court's denial regarding Rose's claim that he pleaded guilty to only one count, as the plea hearing transcript clearly refutes this. However, the court reversed and remanded regarding the discrepancy between oral pronouncement and written sentencing documents, requiring the absence of the sentencing transcript to be treated without prejudice, allowing Rose to file an amended motion with the proper transcript.
[1] When challenging a sentence under rule 3.800 based on an alleged discrepancy between oral pronouncement and written sentencing documents, a trial court must deny the moti…
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Join FLexlaw to unlock all legal intelligence“If there is a discrepancy between the sentence orally pronounced and the written sentencing documents, the oral pronouncement controls.”
Court explaining the applicable rule regarding sentencing discrepancies
Rose pleaded guilty in 1982 to sexual battery and armed burglary of a dwelling, receiving thirty years and life sentences respectively. In 2017, he fi…
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October 31, 2018 PER CURIAM.
In 1982, Woodrow Rose pleaded guilty to sexual battery and armed burglary of a dwelling. He was sentenced to thirty years for the former and life for the latter. In 2017, he filed a rule 3.800 motion, alleging he was serving an illegal sentence. The trial court denied the motion, and Rose appeals.
Rose argued first that he pleaded guilty to only one count, not two. The plea hearing transcript refutes that claim. But Rose also argued that his life sentence was not orally pronounced. If there is a discrepancy between the sentence orally pronounced and the written sentencing documents, the oral pronouncement controls. Williams v. State, 957 So. 2d 600, 603 (Fla. 2007). Here, we cannot determine whether there was any such discrepancy because the record does not include the original sentencing transcript. In this circumstance, we must reverse the order on appeal to the extent it denies with prejudice a claim regarding this discrepancy. Id. at 604 (“If the sentencing transcript is neither in the file nor attached to the motion, the motion should be denied without prejudice to the filing of an amended motion properly attaching the sentencing transcript.”).
AFFIRMED in part, REVERSED in part, and REMANDED.
ROBERTS, RAY, and WINSOR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Woodrow W. Rose, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.