Scott v. State

Full title: Andrew SCOTT, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Mar 13, 2013

109 So. 3d 866 (Fla. Dist. Ct. App. 2013)

Opinion

No. 3D11–2434.

2013-03-13

Andrew SCOTT, Appellant, v. The STATE of Florida, Appellee.

An Appeal from the Circuit Court for Miami–Dade County, Bertila Soto, Judge. Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant Attorney General, for appellee.

EMAS

An Appeal from the Circuit Court for Miami–Dade County, Bertila Soto, Judge.
Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant Attorney General, for appellee.
Before ROTHENBERG, EMAS and LOGUE, JJ.

EMAS, J.

We affirm without discussion the defendant's conviction for second-degree murder, but reverse the life sentence and remand for resentencing. The State properly conceded that the trial court erred in imposing a written sentence that conflicts with the oral pronouncement. The written sentence designated the defendant both a prison releasee reoffender and a habitual felony offender. The oral pronouncement, however, reflects that the trial court designated the defendant a prison releasee reoffender only. The oral pronouncement of sentence prevails over a subsequent and conflicting written sentencing order. Justice v. State, 674 So.2d 123 (Fla.1996).

Conviction affirmed. Sentence reversed and remanded to enter a corrected sentencing order reflecting defendant's designation as a prison releasee reoffender and removing the designation as a habitual felony offender.