JOSEPH BROWN
v.
STATE OF FLORIDA
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Joseph Lorenzo Brown appealed his convictions for being a felon in possession of a firearm and giving false information to law enforcement, challenging the denial of his motion to suppress and the trial court's failure to enter a written sentence on count 2. The appellate court affirmed the suppression ruling and the substantive sentences but remanded for the ministerial task of entering a written sentencing order for count 2.
The trial court's denial of the motion to suppress was affirmed without discussion. The substantive sentences were affirmed, but the case was remanded with instructions for the trial court to enter a written sentencing order for count 2 that conforms to the oral sentence already announced, as entry of a written sentence is a ministerial act required by law.
[1] A trial court's failure to timely enter a written sentencing order that conforms to an orally pronounced sentence constitutes a ministerial defect requiring remand, even…
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Join FLexlaw to unlock all legal intelligence“affirm the sentence as to count 2, but remand the case with instructions for the trial court to perform the ministerial act of entering a written sentence for that count which conforms with the oral sentence announced”
Court's resolution of the sentencing issue
Brown was convicted by plea on two counts: felon in possession of a firearm and giving false information to a law enforcement officer. The trial court…
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CONNER, J.
Appellant, Joseph Lorenzo Brown, appeals his convictions and sentences for being a felon in possession of a firearm (count 1) and giving false information to a law enforcement officer (count 2). Appellant was found guilty by a plea, after his motion to suppress was denied by the trial court. On appeal, appellant argues the trial court erred in denying his motion to suppress and by failing to enter a written sentence on count 2. We affirm without discussion the trial court’s denial of the motion to suppress.
However, as to appellant’s second argument, the record reflects that after orally pronouncing the sentence for count 2, the trial court failed to enter a written sentence for that count. Pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), appellant moved the trial court to enter a written sentence. The trial court orally granted the motion, but again failed to enter a written sentence for count 2. Thus, we affirm the sentence as to count 2, but remand the case with instructions for the trial court to perform the ministerial act of entering a written sentence for that count which conforms with the oral sentence announced. Nero v. State, 272 So. 3d 882 (Fla. 5th DCA 2019); Giordano v. State, 32 So. 3d 96, 97-98 (Fla. 2d DCA 2009) (remanding due to trial court’s failure to enter written sentencing order on time-served misdemeanor count).
Affirmed and remanded with instructions. GROSS and CIKLIN, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.