CHRISEAN DION JONES
v.
STATE OF FLORIDA
PER CURIAM.
Appellant, Chrisean Dion Jones, raises three issues in this appeal from his judgment and sentence; we find merit in only one. At his sentencing hearing, the trial court orally announced that Mr. Jones would receive a 23-year sentence on count II, yet the sentence, as written, reflects a 25-year sentence for that offense. Because a court’s oral pronouncement of a sentence controls over the written disposition, we vacate the inconsistent portion of the written sentence and remand for entry of a corrected sentence that conforms to the court’s oral pronouncement. See, e.g., Morris v. State, 292 So. 3d 838, 839 (Fla. 1st DCA 2020) (vacating written sentence for inconsistency with oral pronouncement and remanding for entry of corrected sentence). In all other respects, we affirm.
AFFIRMED in part, VACATED in part, and REMANDED with instructions.
RAY, C.J., and JAY and LONG, JJ., concur. _____________________________
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Chrisean Dion Jones v. State, 292 So. 3d 838 (Fla. 1st DCA 2020)…l pronouncement of a sentence controls over the written disposition, we vacate the inconsistent portion of the written sentence and remand for entry of a corrected sentence that conforms to the court’s oral pronouncement. See, e.g., Morris v. State, 292 So. 3d 838, 839 (Fla. 1st DCA 2020) (vacating written sentence for inconsistency with oral pronouncement and remanding for entry of corrected sentence). In all other respects, we affirm. AFFIRMED in part, VACATED in part, and REMANDED with instructions. RAY…
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Blair v. State (Fla. 4th DCA 2022)…State, 78 So. 3d 72, 73 (Fla. 4th DCA 2012) (finding a discrepancy in the oral pronouncement and written sentence where the oral pronouncement granted eight months’ probation and the written sentence reflected eight years); see also Morris v. State, 292 So. 3d 838, 839 (Fla. 1st DCA 2020) (finding an oral pronouncement of jail credit on concurrent sentences inconsistent with a written sentence providing jail credit on only one count). Thus, the award of 300 days of jail credit was a scrivener’s error and the…
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Authorities Cited
- Chrisean Dion Jones v. State, 292 So. 3d 838 (Fla. 1st DCA 2020)