GLENWOOD HUNTER
v.
STATE OF FLORIDA
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A monetary obligations order must be corrected to strike a misdemeanor drug cost inapplicable to a felony conviction and to reflect the oral pronouncement of investigative costs rather than a different written amount.
[1] A mandatory cost imposed under section 938.13, Florida Statutes, for misdemeanors involving drugs or alcohol, must be stricken from a written sentencing order if it was n…
[2] The oral pronouncement of sentence controls over a written sentence regarding monetary obligations.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[T]he oral pronouncement of sentence controls over a written sentence.”
In explaining that investigative costs must be corrected to reflect what was orally pronounced at sentencing.
Glenwood Hunter was convicted of sale of cocaine within 1000 feet of a school. The written monetary obligations order included a $15 cost under sectio…
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PER CURIAM.
Glenwood Hunter appeals his judgment and sentence for one count of sale of cocaine within 1000 feet of a school. Finding merit in arguments he raised in a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), we reverse and remand for the trial court to correct the following errors in Mr. Hunter's monetary obligations order. The monetary obligations order includes a mandatory cost of $15 imposed under section 938.13, Florida Statutes (2017), for misdemeanors involving drugs or alcohol. This cost was not orally imposed at sentencing, see Peacock v. State, 44 Fla. L. Weekly D929a, D929a (Fla. 2d DCA Apr. 10, 2019), and, as Mr. Hunter was convicted of a felony, it would nevertheless be inapplicable. On remand, this cost must be stricken "so that the written sentences reflect the trial court's oral pronouncement on said costs." Id.
The trial court orally imposed $163.90 in investigative costs. However, the written monetary obligations order imposes investigative costs of $163.92. "[T]he oral pronouncement of sentence controls over a written sentence." Blocker v. State, 968 So. 2d 686, 690 (Fla. 2d DCA 2007) (citing Williams v. State, 957 So. 2d 600, 603 (Fla. 2007)). On remand, this cost must be corrected.
We affirm Mr. Hunter's judgment and sentence in all other respects.
Affirmed in part; reversed in part; remanded with instructions.
NORTHCUTT, BLACK, and LUCAS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Williams v. State, 957 So. 2d 600 (Fla. 2007)
- Blocker v. State, 968 So. 2d 686 (Fla. 2d DCA 2007)