MICHAEL WATERS
v.
STATE OF FLORIDA
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When a conflict exists between a trial court's oral pronouncement of sentence and written sentencing documents, the oral pronouncement controls and the written documents must be corrected to reflect it.
[1] When a conflict exists between a trial court's oral pronouncement of sentence and the written sentencing documents, the oral pronouncement controls.
[2] A scrivener's error in written sentencing documents may be corrected on remand to conform to the trial court's oral pronouncement.
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Statement of controlling legal principle from Bryant v. State
At sentencing, the trial court orally pronounced a five-year probation sentence on count two consecutive to a ten-year prison sentence on count three.…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
MICHAEL WATERS, ) ) Appellant, ) ) v. ) Case No. 2D19-33 ) STATE OF FLORIDA, ) ) Appellee. ) )
Opinion filed September 4, 2020.
Appeal from the Circuit Court for Polk County; Kelly P. Butz, Judge.
Howard L. Dimmig, II, Public Defender, and Joanna Beth Conner, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Pamela Cordova Papasov, Assistant Attorney General, Tampa, for Appellee.
ROTHSTEIN-YOUAKIM, Judge.
Michael Waters appeals the order modifying his probation. We affirm in all respects but remand for correction of a scrivener's error pertaining to count two in the written sentencing documents.
At sentencing, the trial court orally pronounced a sentence of five years' imprisonment on count two. Then, the court backtracked, pronouncing instead that the sentence on count two was a term of five years' probation consecutive to the ten-year prison sentence on count three. The written sentencing documents, however, reflect that the sentence on count two is a split sentence of five years' imprisonment followed by five years' probation.
"When a conflict exists between the trial court's oral pronouncement of sentence and the written sentencing documents, the oral pronouncement controls."
Bryant v. State, 45 Fla. L. Weekly D520b, D520b (Fla. 2d DCA Mar. 6, 2020) (citing
Williams v. State, 957 So. 2d 600, 603 (Fla. 2007)). Consequently, we remand for correction of the written sentencing documents to reflect the court's oral pronouncement of a five-year sentence of probation on count two consecutive to the sentence of imprisonment on count three.
Affirmed; remanded to correct scrivener's error.
NORTHCUTT and SILBERMAN, JJ., Concur.