Similien v. State

Full title: JERVONALD SIMILIEN, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Jun 25, 2021

No. 5D19-3476 (Fla. Dist. Ct. App. Jun. 25, 2021)

Opinion

5D19-3476

06-25-2021

JERVONALD SIMILIEN, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court for Seminole County, Donna L. Mcintosh, Judge.

Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM

We reverse and remand this cause solely for the purpose of correcting a sentencing error as to Count Three. The court's oral pronouncement stated that Appellant was entitled to forty-four days probationary credit on that count; however, the written order failed to include that credit. "When there is a conflict between the oral pronouncement and the written sentence, the oral pronouncement controls." Webb v. State, 302 So.3d 1077, 1079 (Fla. 5th DCA 2020) (citing Williams v. State, 957 So.2d 600, 603 (Fla. 2007)).

The State commendably and correctly concedes the need for entry of a corrected written sentence. We find that the trial court erred in denying Appellant's rule 3.800 motion seeking that correction. We remand for entry of an amended order that includes that credit and otherwise mirrors the court's oral pronouncement.

After careful consideration, we affirm as to all remaining issues.

AFFIRMED and REMANDED, to correct sentencing error

EDWARDS, SASSO and NARDELLA, JJ, concur.