SYMONE RENE MOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SHARP, Judge.
We vacate the prior opinion in this case and substitute the following in its place.
Mott appeals from a modified sentence imposed on February 19, 1985, which increased the sum she was required to pay the victim as a condition and requirement of her probation from $742.50 to $6,309.53. Although it is not reflected in the written sentence, nor in the record which was first furnished to this court, the judge at the original sentencing hearing stated that he reserved jurisdiction for the prosecutor to present further evidence to convince the court that additional restitution beyond $742.50 was due. The oral pronouncement of the judge controls over the written order. Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984); Clarke v. State, 453 So. 2d 488 (Fla. 2d DCA 1984); Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982).
Therefore, since the trial court reserved jurisdiction in open court in Mott’s presence for the prosecutor to present further evidence with regard to the amount of money Mott took from the victim, there was no error in entering the modified restitution order based upon the evidence presented at the restitution hearing. Accordingly, we affirm the sentence and modified restitution order. AFFIRMED.
COBB, C.J., and UPCHURCH, J., concur.
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Lester v. State, 563 So. 2d 178 (Fla. 5th DCA 1990)…des that the latter was in error. Harden v. State, 557 So. 2d 926 (Fla. 5th DCA 1990); Marchand v. State, 546 So. 2d 1184 (Fla. 5th DCA 1989); Wilkins v. State, 543 So. 2d 800 (Fla. 5th DCA), review denied, 554 So. 2d 1170 (Fla.1989); Mott v. State, 489 So. 2d 854 (Fla. 5th DCA 1986); Venuti v. State, 437 So. 2d 238 (Fla. 5th DCA 1983). In the instant case, the state has not conceded that all provisions of the written sentence were in error, and, therefore, the orally pronounced sentence cannot be substituted…
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Harden v. State, 557 So. 2d 926 (Fla. 5th DCA 1990)…PETERSON, Judge. Elijah Harden requests that this court remand this cause with directions to enter the sentencing order in accordance with the trial court’s oral pronouncements on the authority of Mott v. State, 489 So. 2d 854 (Fla. 5th DCA 1986). The state agrees that the oral pronouncements of the court do not agree with the written sentence and also asks that this matter be remanded. The appellant entered a plea of guilty. The court withheld adjudication of guilt and…1 / 2
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Murgolo v. State, 561 So. 2d 36 (Fla. 5th DCA 1990)…e years probation with a condition of 90 days in jail, the judgment reflects 90 days in jail to be followed by three years probation. The sentence is reversed and remanded for correction to conform to the oral pronouncement. See e.g., Mott v. State, 489 So. 2d 854 (Fla. 5th DCA 1986). AFFIRMED in part, REVERSED in part and REMANDED for correction. DANIEL, C.J., and DAUKSCH, J., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daniels v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982)
- Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984)
- Clarke v. State, 453 So. 2d 488 (Fla. 2d DCA 1984)