From Casetext: Smarter Legal Research

Saez v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Apr 12, 2017
217 So. 3d 182 (Fla. Dist. Ct. App. 2017)

Opinion

No. 4D16–1405

04-12-2017

Jaquan Ricardo SAEZ, Appellant, v. STATE of Florida, Appellee.

Carey Haughwout, Public Defender, and J. Woodson Isom, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Luke R. Napodano, Assistant Attorney General, West Palm Beach, for appellee.


Carey Haughwout, Public Defender, and J. Woodson Isom, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Luke R. Napodano, Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

Jaquan Ricardo Saez appeals multiple sentences imposed after pleading nolo contendere to five felonies and two misdemeanors. We find merit in only one of his arguments: the written sentencing order on Count III conflicts with the trial court's oral pronouncement at sentencing. Therefore, we reverse in part.

"[A] court's oral pronouncement of a sentence controls over the written sentencing document." Williams v. State , 957 So.2d 600, 603 (Fla. 2007). At the sentencing hearing, the trial court informed Saez, "You get credit for nine hundred eighty days that you have in already." The sentencing orders on all counts except Count III properly reflect credit for the time served.

Consequently, we reverse and remand with directions to the trial court to correct the written sentencing document for Count III to reflect the oral pronouncement.

Affirmed in part, reversed in part, and remanded with instructions.

Ciklin, C.J., Levine and Forst, JJ., concur.


Summaries of

Saez v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Apr 12, 2017
217 So. 3d 182 (Fla. Dist. Ct. App. 2017)
Case details for

Saez v. State

Case Details

Full title:JAQUAN RICARDO SAEZ, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Apr 12, 2017

Citations

217 So. 3d 182 (Fla. Dist. Ct. App. 2017)