TYRIEK JAKARI GANIOUS
v.
STATE OF FLORIDA

Fla. 4th DCA | 2025-03-26
No. 4D2023-2475
Heisey, J., Levine, J., Conner, J., Artau, J.
2025 FL 2590 Florida District Court of Appeal, Fourth District (2025)

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Holding

A written sentencing order imposing costs of prosecution must be corrected on remand when it fails to conform to the oral pronouncement made at sentencing.


Headnotes

[1] A written sentencing order imposing costs of prosecution must be corrected to conform to the oral pronouncement made by the trial court at sentencing when the two are inc…

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Facts & Procedural History

Ganious was convicted of two counts of first-degree murder and possession of a firearm by a felon. At sentencing, the trial court made an oral pronoun…

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Opinion of the Court

PER CURIAM.

Appellant appeals his convictions and sentences for two counts of firstdegree murder and possession of a firearm by a felon. Appellant raises six grounds for reversal. Only one of the six grounds merits brief discussion. Appellant argues and the State concedes the written order imposing cost of prosecution does not conform to the oral pronouncement at sentencing. We agree. Thus, we affirm the trial court’s rulings, judgments, and sentences without discussion. However, we remand the case for the ministerial correction of the written order imposing cost of prosecution to conform to the oral pronouncement at sentencing.

Affirmed with remand for ministerial correction of one order.

LEVINE, CONNER and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.


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