Manuel Rodriguez, Appellant, v. The State of Florida, Appellee. (2010)

District Court of Appeal of Florida, Third District.

Manuel Rodriguez, Appellant, v. The State of Florida, Appellee.

No. 3D09-1177

Decided: November 17, 2010

Before RAMIREZ, C.J., and GERSTEN and WELLS, JJ.

Carlos J. Martinez, Public Defender, and Amy Weber and Michael T. Davis, Assistant Public Defenders, for appellant. Bill McCollum, Attorney General, and Rolando A. Soler, Assistant Attorney General, for appellee.

Manuel Rodriguez appeals from a written sentence which does not comport with the trial court's oral pronouncement at sentencing. We reverse.

It is well settled that when a conflict arises between a written sentence and the trial court's oral pronouncement of the sentence, the oral pronouncement prevails. Ashley v. State, 850 So.2d 1265 (Fla.2003). Here, the written sentence reflects that the trial court sentenced Rodriguez as a habitual felony offender. During sentencing, however, the trial court specifically stated that it was imposing a sentence within the guidelines. Thus, the written sentence does not comport with the trial court's oral pronouncement.

Accordingly, we reverse the sentence entered below and remand for the trial court to sentence Rodriguez to a guidelines sentence.

Reversed and remanded.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network