DERRICK WORTHINGTON, JR.
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-04-01
No. 20-1297
White, J., Evander, C.J., Edwards, J., Sasso, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A trial court must correct its written judgment to conform to the jury's verdict and the trial court's oral pronouncement of guilt.


Headnotes

[1] A trial court's written judgment must be corrected to conform to the jury's verdict and the trial court's oral pronouncement of guilt when they are inconsistent.

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Facts & Procedural History

Worthington was convicted by jury of trespass in a structure and tampering with a witness in the prosecution of a third-degree felony. The written jud…

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Opinion of the Court
Evander

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

DERRICK WORTHINGTON, JR.,

Appellant,

v. Case No. 5D20-1297

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed April1, 2021

Appeal from the Circuit Court for Orange County, Keith F. White, Judge.

Matthew J. Metz, Public Defender, and Kathryn R. Radtke, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

2 We affirm Derrick Worthington, Jr.’s appeal of the judgment and sentence imposed following a jury finding him guilty of one count of trespass in a structure and one count of tampering with a witness in the prosecution of a third-degree felony.1 However, we remand this matter to the trial court so that it may conform the written judgment to correspond with the trial court’s oral pronouncement adjudicating Worthington guilty of tampering with a witness in the prosecution of a third-degree felony, which is what the jury found.2

AFFIRMED and REMANDED for correction of written judgment.

EVANDER, C.J., EDWARDS, and SASSO, JJ., concur.

Footnotes
1 This appeal and our review of the record were in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Causey, 503 So. 2d 321 (Fla. 1987).
2 The written judgment currently, but incorrectly, adjudicates him guilty of tampering with a witness in the prosecution of a first-degree felony.

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