GRAHAM v. STATE (2025)

District Court of Appeal of Florida, Fourth District.

Johnny Ray GRAHAM, Appellant, v. STATE of Florida, Appellee.

No. 4D2024-2861

Decided: September 03, 2025

Daniel Eisinger, Public Defender, and Benjamin N. Paley, Assistant Public Defender, West Palm Beach, for appellant. James Uthmeier, Attorney General, Tallahassee, and Heidi L. Bettendorf, Senior Assistant Attorney General, West Palm Beach, for appellee.

Johnny Ray Graham appeals his conviction of tampering with evidence and his sentence of 42 months in the Florida Department of Corrections. We affirm without comment, with one exception. Specifically, the trial court's Final Judgment for Fines, Fees, Costs, and Additional Charges did not comport with the trial court's oral sentence. When a court says one thing at a sentencing hearing and the written sentence says another, conformance to the oral pronouncement is required. See Croissy v. State, 404 So. 3d 419, 420 (Fla. 4th DCA 2025). On remand, the circuit court shall remove the $50 investigative cost and $200 prosecution cost that were not included in the oral pronouncement.

Affirmed in part, reversed in part, and remanded.

Per Curiam.

Kuntz, C.J., Gross and Artau, JJ., concur.

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