WILLIAM JOHN BRIGGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM JOHN BRIGGS, APPELLANT,
STATE OF FLORIDA, APPELLEE
936 So. 2d 789
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 1 case
Opinion of the Court
WARNER, J.
We affirm appellant’s sentence for violation of probation and conclude that the trial court’s oral pronouncement was unambiguous that appellant’s sentence was forty-eight months additional prison time after considering credit for time served in prison prior to the violation of probation. Although there was a scrivener’s error in reducing this pronouncement to writing, the oral pronouncement controls over the written sentence. See Ashley v. State, 850 So. 2d 1265, 1268 (Fla.2003). We therefore affirm but remand to correct the written sentence to reflect the oral pronouncement. Before correcting the sentence, the court will need to determine the exact credit for time served.
KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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C.G.K. v. State, 150 So. 3d 1203 (Fla. 4th DCA 2014)…error, the trial court’s disposition indicates that “the child is adjudicated delinquent.” In criminal proceedings, where a trial court’s oral pronouncement is unambiguous, the oral pronouncement controls over the written order. See Briggs v. State, 936 So. 2d 789 (Fla. 4th DCA 2006). Affirmed and remanded for correction of written order. WARNER, MAY and CONNER, JJ., concur.…
Authorities Cited
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)