JARTAVIS JAMEL PEACOCK
v.
STATE OF FLORIDA
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A trial court commits error by entering a second judgment in conjunction with amended written sentences.
[1] A trial court commits error when it enters a second judgment in conjunction with the entry of new or amended written sentences.
[2] Written sentences must reflect the trial court's oral pronouncement regarding costs imposed under sections 938.10 and 938.085, Florida Statutes.
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Court citing Freeman v. State, 225 So. 3d 929, 930 (Fla. 2d DCA 2017)
Peacock was convicted and sentenced in Hillsborough County. A second written judgment was entered simultaneously with amended written sentences.…
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PER CURIAM.
We affirm Jartavis Jamel Peacock's convictions and sentences. However, we reverse the second written judgment which was entered simultaneously with the entry of the amended written sentences, and we direct the trial court to strike the second judgment on remand. See Freeman v. State, 225 So. 3d 929, 930 (Fla. 2d DCA 2017) (holding that it was error to enter a second judgment in conjunction with the entry of new written sentences). With regard to the written sentences, the trial court shall strike the costs imposed pursuant to sections 938.10 and 938.085, Florida Statutes (2015), so that the written sentences reflect the trial court's oral pronouncement on said costs.
Affirmed in part, reversed in part, and remanded.
NORTHCUTT, KELLY, and ATKINSON, JJ., Concur.