BRANDON DOUGLAS LADUE
v.
STATE OF FLORIDA
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When a written sentence conflicts with the oral pronouncement of sentence, the oral pronouncement controls and the written sentence is illegal absent extraordinary circumstances.
[1] When a trial court's written judgment and sentence conflicts with the oral pronouncement of sentence, the oral pronouncement controls and the written sentence is illegal…
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Join FLexlaw to unlock all legal intelligence“Since oral pronouncement controls, a written sentence that conflicts with the oral pronouncement of sentence is an illegal sentence, absent factors not present here.”
Court's explanation of the legal standard for sentencing discrepancies
Ladue was sentenced for a violation of probation involving burglary with a firearm (Count I) and grand theft (Count II). The trial court orally pronou…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
BRANDON DOUGLAS LADUE, Appellant, Case No. 5D18-1544 v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 8, 2020 Appeal from the Circuit Court for Flagler County, Dennis Craig, Judge. James S. Purdy, Public Defender, and Danielle Renee Rufai, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Pamela
J.
Koller, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Brandon Douglas Ladue appeals the denial of his postconviction motion to correct a sentencing error. The State commendably concedes that Appellant’s motion should have been granted, and our review of the record confirms that. While sentencing Appellant with regard to his violation of probation, the trial court agreed with the parties
2 that Appellant would be sentenced to six years’ incarceration as to Count I, burglary with a firearm, and to a “time served” sentence as to Count II, grand theft. The trial court orally announced that sentence; however, the written sentence also reflected a six-year prison sentence for Count II. Appellant timely filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentence which the trial court summarily denied as moot. Since oral pronouncement controls, a written sentence that conflicts with the oral pronouncement of sentence is an illegal sentence, absent factors not present here. See Williams v. State, 957 So. 2d 600, 603 (Fla. 2007). Accordingly, we reverse and remand for the trial court to enter an amended judgment and sentence to reflect the orally pronounced sentence set forth above. REVERSED and REMANDED.
LAMBERT, EDWARDS, and TRAVER, JJ., concur.