Briggs v. State

Full title: William John BRIGGS, Appellant, STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Sep 6, 2006

936 So. 2d 789 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D05-2252.

September 6, 2006.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Gary L. Sweet, Judge; L.T. Case No. 562000CF000808A.

Carey Haughwout, Public Defender, and Frederick Arthur Mullins, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

We affirm appellant's sentence for violation of probation and conclude that the trial court's oral pronouncement was unambiguous that appellant's sentence was forty-eight months additional prison time after considering credit for time served in prison prior to the violation of probation. Although there was a scrivener's error in reducing this pronouncement to writing, the oral pronouncement controls over the written sentence. See Ashley v. State, 850 So.2d 1265, 1268 (Fla. 2003). We therefore affirm but remand to correct the written sentence to reflect the oral pronouncement. Before correcting the sentence, the court will need to determine the exact credit for time served.

KLEIN and GROSS, JJ., concur.