MICHAEL BENNETT
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-08-22
No. 2024-1502
France, J., Jay, C.J., Edwards, J., Kilbane, J.
2025 FL 7304 Florida District Court of Appeal, Fifth District (2025)

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Holding

When a trial court's oral pronouncement of sentence differs from the written sentencing document, the oral pronouncement controls and the written document must be corrected.

Headnotes

[1] When a trial court's oral pronouncement of sentence conflicts with the written sentencing document, the oral pronouncement controls and the written document must be corre…

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Key Quotes

“Because the court's oral pronouncement controls over the written sentence, we remand for the court to make the appropriate correction.”

Court's explanation for remanding the case for correction of the sentencing document
Facts & Procedural History

Michael Bennett was sentenced by the trial court to concurrent prison terms of eighty-four months (seven years). The written sentencing document mista…

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Topics
Anders Appeal

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Per_curiam
Per Curiam

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________ Case No. 5D2024-1502 LT Case No. 2022-CF-512 _____________________________ MICHAEL BENNETT, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Flagler County. Christopher Anthony France, Judge. Matthew J. Metz, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant. Michael Bennett, Milton, pro se. James Uthmeier, Attorney General, Tallahassee, Rebecca Rock McGuigan and Marissa V. Giles, Assistant Attorneys General, Daytona Beach, for Appellee. August 22, 2025

PER CURIAM.

AFFIRMED; REMANDED with instructions.

JAY, C.J., and EDWARDS and KILBANE, JJ., concur.

_____________________________

Footnotes
2 In this Anders* appeal, we affirm but remand for the correction of a scrivener’s error. The trial court sentenced Appellant to concurrent prison terms of eighty-four months—that is, seven years. However, the written sentence mistakenly reflects that the prison terms are for eight years. Because the court’s oral pronouncement controls over the written sentence, we remand for the court to make the appropriate correction. See Crenshaw v. State, 338 So. 3d 425 (Fla. 5th DCA 2022). Appellant need not be present for this ministerial act. Id.

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