JONES v. STATE (2020)

District Court of Appeal of Florida, First District.

Chrisean Dion JONES, Appellant, v. STATE of Florida, Appellee.

No. 1D19-1321

Decided: August 25, 2020

Candice Kaye Brower, Criminal Conflict & Civil Regional Counsel, and Michael Jerome Titus, Assistant Conflict Counsel, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.

Appellant, Chrisean Dion Jones, raises three issues in this appeal from his judgment and sentence; we find merit in only one. At his sentencing hearing, the trial court orally announced that Mr. Jones would receive a 23-year sentence on count II, yet the sentence, as written, reflects a 25-year sentence for that offense. Because a court's oral pronouncement of a sentence controls over the written disposition, we vacate the inconsistent portion of the written sentence and remand for entry of a corrected sentence that conforms to the court's oral pronouncement. See, e.g., Morris v. State, 292 So. 3d 838, 839 (Fla. 1st DCA 2020) (vacating written sentence for inconsistency with oral pronouncement and remanding for entry of corrected sentence). In all other respects, we affirm.

Affirmed in part, Vacated in part, and Remanded with instructions.

Per Curiam.

Ray, C.J., and Jay and Long, JJ., concur.

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