Opinion
Case No. 3D05-1068.
Opinion filed July 19, 2006.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jacqueline Hogan Scola, Judge, Lower Tribunal No. 01-32177.
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.
Charles J. Crist, Jr., Attorney General, and Robin F. Hazel, Assistant Attorney General, for appellee.
Before FLETCHER, RAMIREZ, and SHEPHERD, JJ.
Larry Mullins appeals his sentence as illegal pursuant to Florida Rule of Criminal Procedure 3.800(a). We have jurisdiction. Fla.R.App.P. 9.140(b)(1)(D). Mullins was convicted of a single count of battery on a law enforcement officer, a third degree felony. § 784.07(2)(b), Fla. Stat. (2001) (reclassifying battery upon a law enforcement officer from a misdemeanor to a felony of the third degree). The trial court orally pronounced an enhanced sentence of fifteen years with a ten-year minimum mandatory as a violent career criminal pursuant to section 775.084(4)(d)3, Florida Statutes (2001), as well as a concurrent ten-year sentence as a habitual violent felony offender. § 775.084(4)(b)3, Fla. Stat. (2001). However, the written sentence indicates that Mullins was only sentenced to fifteen years with a ten-year minimum mandatory pursuant to the violent career criminal enhancement to the underlying felony, and the written sentence does not reflect any additional sentence. We agree that the oral pronouncement was in error, and although an oral pronouncement ordinarily prevails over a written order,Catalan v. State, 911 So. 2d 203, 204 (Fla. 3d DCA 2005), here the sentence as written was correct. See Bennett v. State, 588 So. 2d 672, 673 (Fla. 1st DCA 1991) (declining to remand for correction of written judgments and sentences to conform to an incorrect oral pronouncement). Because the sentence as written is correct and legal, we affirm.
It appears that the trial court in its oral sentence treated Mullins' habitual violent felony offender classification as an independent crime, rather than as an enhancement on any criminal charge, and therefore sentenced him twice for the same offense.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.