WATERS v. STATE (2020)

District Court of Appeal of Florida, Second District.

Michael WATERS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D19-33

Decided: September 04, 2020

Howard L. Dimmig, II, Public Defender, and Joanna Beth Conner, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Pamela Cordova Papasov, Assistant Attorney General, Tampa, for Appellee.

Michael Waters appeals the order modifying his probation. We affirm in all respects but remand for correction of a scrivener's error pertaining to count two in the written sentencing documents.

At sentencing, the trial court orally pronounced a sentence of five years' imprisonment on count two. Then, the court backtracked, pronouncing instead that the sentence on count two was a term of five years' probation consecutive to the ten-year prison sentence on count three. The written sentencing documents, however, reflect that the sentence on count two is a split sentence of five years' imprisonment followed by five years' probation.

“When a conflict exists between the trial court's oral pronouncement of sentence and the written sentencing documents, the oral pronouncement controls.” Bryant v. State, 301 So.3d 352, 353 (Fla. 2d DCA Mar. 6, 2020) (citing Williams v. State, 957 So. 2d 600, 603 (Fla. 2007)). Consequently, we remand for correction of the written sentencing documents to reflect the court's oral pronouncement of a five-year sentence of probation on count two consecutive to the sentence of imprisonment on count three.

Affirmed; remanded to correct scrivener's error.

ROTHSTEIN-YOUAKIM, Judge.

NORTHCUTT and SILBERMAN, JJ., Concur.

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