DERRICK WORTHINGTON, JR.
v.
STATE OF FLORIDA
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A trial court must correct its written judgment to conform to the jury's verdict and the trial court's oral pronouncement of guilt.
[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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Join FLexlaw to unlock all legal intelligenceWorthington 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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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.