CLIFTON CINAMON
v.
STATE OF FLORIDA
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A court's oral pronouncement of sentence controls over a conflicting written sentence, and scrivener's errors in written sentences may be corrected on remand.
[1] When a trial court's oral pronouncement of sentence conflicts with the written sentence, the oral pronouncement controls, and correction of the written sentence is a mini…
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Join FLexlaw to unlock all legal intelligence“It is well-settled law that the oral pronouncement of the sentence controls over a written order or sentence that differs.”
Court cited Walker v. State, 393 So. 3d 274, 275 (Fla. 5th DCA 2024) regarding the controlling effect of oral pronouncements.
The trial court revoked Cinamon's community control and orally sentenced him to 56.7 months in the Department of Corrections. The written sentence inc…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2025-3361 LT Case No. 05-2025-CF-019008-A
CLIFTON CINAMON, Appellant,
v.
STATE OF FLORIDA, Appellee.
On appeal from the Circuit Court for Brevard County. Stephen George Henderson, Judge.
Matthew J. Metz, Public Defender, and William E. Partington, III, Assistant Public Defender, Daytona Beach, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Kurt T. Koehler, Assistant Attorney General, Daytona Beach, for Appellee.
April 24, 2026
PER CURIAM.
We affirm this Anders¹ appeal in all respects but remand with instructions to correct a scrivener's error in the written sentence. The trial court revoked Appellant's community control and sentenced him to serve 56.7 months in the Department of
1. Anders v. California, 386 U.S. 738 (1967).
Corrections, but the written sentence incorrectly reflects a prison term of 56.750 months. Because a “court's oral pronouncement controls over the written sentence,” we remand for the court to correct the scrivener's error in the written sentence. Bennett v. State, 418 So. 3d 813, 813 (Fla. 5th DCA 2025); see Walker v. State, 393 So. 3d 274, 275 (Fla. 5th DCA 2024) (“It is well-settled law that the oral pronouncement of the sentence controls over a written order or sentence that differs."); Crenshaw v. State, 338 So. 3d 425, 425 (Fla. 5th DCA 2022) (affirming Anders appeal but remanding to correct a scrivener's error imposing a ten-year minimummandatory sentence, which conflicted with the oral pronouncement of three years). Correction of this error is a ministerial act, so Appellant need not be present. See Crenshaw, 338 So. 3d at 425.
AFFIRMED and REMANDED for entry of a corrected order.
WALLIS, KILBANE, and MACIVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cinamon v. State (Fla. 5th DCA 2026)
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Breman Wootton v. Iron Acquisitions, 338 So. 3d 425 (Fla. 2d DCA 2022)
- Donell Dowell v. State, 393 So. 3d 274 (Fla. 5th DCA 2025)
- Cinamon v. State (Fla. 5th DCA 2026)