MACEDA
v.
STATE OF FLORIDA
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Jesus Fuentes Maceda appeals his convictions for premeditated first-degree murder, robbery with a firearm, and tampering with physical evidence. The Florida District Court of Appeal affirms the judgment and sentence but remands for the trial court to enter written findings regarding the inapplicability of a fifteen-year sentencing review as required by statute.
The judgment and sentence are affirmed as proper. However, the trial court's failure to enter written findings of its oral pronouncement regarding ineligibility for a fifteen-year sentencing review violated section 775.082(1)(b)3, Florida Statutes, and the case is remanded for the trial court to make written findings conforming with its oral pronouncement.
[1] A trial court's oral findings denying eligibility for a fifteen-year sentencing review must be reduced to writing and entered in the record to comply with Florida Statute…
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Join FLexlaw to unlock all legal intelligence“While the trial court made detailed oral findings that Mr. Maceda is not entitled to a fifteen-year review, it failed to render those findings in writing as required by section 775.082(1)(b)3, Florida Statutes (2021).”
Identifies the core deficiency requiring remand despite affirming the conviction and sentence.
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Join FLexlaw to unlock all legal intelligenceJesus Fuentes Maceda was convicted of one count of premeditated first-degree murder, one count of robbery with a firearm, and one count of tampering w…
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count of premeditated first-degree murder, one count of robbery with a firearm, and one count of tampering with physical evidence. Mr. Maceda was sentenced to thirty years in prison followed by fifteen years' probation and a sentencing review after twenty-five years. We affirm the judgment and sentence. However, while the trial court made detailed oral findings that Mr. Maceda is not entitled to a fifteen-year review, it failed to render those findings in writing as required by section 775.082(1)(b)3, Florida Statutes (2021). Accordingly, we remand for the trial court to make written findings conforming with its oral pronouncement. See McCray v. State, 282 So. 3d 158, 162 (Fla. 2d DCA 2019).
Affirmed; remanded with instructions.
NORTHCUTT, KELLY, and LUCAS, JJ., Concur. Opinion subject to revision prior to official publication.