WAYNE JESSIE STEPHENS
v.
STATE OF FLORIDA
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A trial court's oral pronouncement of sentence prevails over a conflicting written sentence, and clerical errors in written judgments must be corrected on remand.
[1] When a conflict exists between the oral pronouncement of sentence by a trial court and the written judgment, the oral pronouncement prevails and the written judgment must…
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Join FLexlaw to unlock all legal intelligence“Thus, when conflict arises between the written sentence and the [trial court's] oral pronouncement, the oral pronouncement prevails.”
Citation to Ashley v. State, 850 So. 2d 1265, 1268 (Fla. 2003), establishing the rule that oral pronouncements control over written sentences.
Wayne Jessie Stephens entered an open guilty plea to a charged offense in Duval County Circuit Court. The trial court imposed a sentence but the writt…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2025-1020 LT Case No. 16-2024-CF-8431-A _____________________________
WAYNE JESSIE STEPHENS,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Duval County. Jonathan D. Sacks, Judge.
Matthew J. Metz, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant.
James Uthmeier, Attorney General, and Amanda Bosman, Assistant Attorney General, Tallahassee, for Appellee.
August 15, 2025
PER CURIAM.
In this appeal proceeding under Anders v. California, 386 U.S. 738 (1967), we affirm the judgment and sentence imposed by the trial court following Appellant’s open, guilty plea to the charged offense. However, we remand with directions to the trial court to enter an amended judgment to correct a clerical error in the written sentence to show that Appellant was awarded 199 days of
2 jail credit. See Ashley v. State, 850 So. 2d 1265, 1268 (Fla. 2003) (“Thus, when conflict arises between the written sentence and the [trial court’s] oral pronouncement, the oral pronouncement prevails.”).
AFFIRMED, REMANDED with directions.
MAKAR, LAMBERT, and HARRIS, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________