STEVEN JOSEPH PEAVEY
v.
STATE OF FLORIDA
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Steven Peavey appeals his judgment and sentence following a guilty plea to burglary of a conveyance and grand theft. The appellate court affirms the conviction and sentence but remands to correct clerical errors in the written sentencing orders that do not match the trial court's oral pronouncement.
The court affirms the judgment and sentence but remands for correction of the written sentencing orders to conform to the trial court's oral pronouncement. The oral pronouncement of sentence controls over inconsistent written sentencing documents, and scrivener's errors in written orders must be corrected on remand.
[1] A trial court's oral pronouncement of sentence controls over an inconsistent written sentencing document, and the written orders must be amended to conform to the oral pr…
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Citing Williams v. State, 957 So. 2d 600, 603 (Fla. 2007)
Appellant entered an open plea to burglary of a conveyance (count one) and grand theft (count two). The trial court orally sentenced him to three year…
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PER CURIAM.
Appellant Steven Peavey appeals his judgment and sentence following a plea. We affirm the judgment and sentence but remand for correction of the written sentencing orders to conform with the trial court’s oral pronouncement.
Appellant entered an open plea to burglary of a conveyance (count one) and grand theft (count two). The trial court orally sentenced him to three years in prison on count one and five years of probation on count two, with the probation to be served consecutively to the sentence on count one. However, the court entered a written sentencing order incorrectly reflecting that it imposed a split sentence and a written probation order incorrectly reflecting that it imposed prison time to be served during the term of probation.
On remand, the trial court shall amend the written orders to reflect that it did not impose a split sentence or prison time to be served during the term of probation. See Williams v. State, 957 So. 2d 600, 603 (Fla. 2007) (recognizing that the court’s oral pronouncement of a sentence controls over an inconsistent written sentencing document); Raya v. State, 183 So. 3d 1120 (Fla. 4th DCA 2015) (affirming the convictions and sentences in an Anders appeal but remanding for correction of a scrivener’s error in the written sentencing order). Appellant need not be present for this ministerial action.
Affirmed and remanded with instructions.
GROSS, CIKLIN and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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Citator
Cited By
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Trafori Maurice Bailey v. State (Fla. 4th DCA 2022)
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Trafori Maurice Bailey v. State (Fla. 4th DCA 2022)…st imposed for “County Alcohol and Other Drug Abuse TF” is imposed under section 938.13, Florida Statutes (2018). Maestas v. State, 76 So. 3d 991, 993 (Fla. 4th DCA 2011). Appellant need not be present for this ministerial action. Peavey v. State, 302 So. 3d 1079, 1080 (Fla. 4th DCA 2020) (affirming convictions and sentences in Anders appeal but remanding to correct scrivener’s error). Affirmed and remanded. WARNER, MAY and FORST, JJ., concur. * * * 1 Anders v. California, 386 U.S. 738 (1967).…
Authorities Cited
- Williams v. State, 957 So. 2d 600 (Fla. 2007)