NYJUAN BERNARD WALLER
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-10-30
No. 18-4584
Moseley, J., Ray, C.J., Kelsey, J., Winokur, J.
Florida District Court of Appeal, First District (2019)

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Holding

A trial court's oral pronouncement of sentencing conditions controls over any written sentencing documents, and a scrivener's error in the written probation order must be corrected to reflect the oral pronouncement.


Headnotes

[1] A trial court's oral pronouncement of sentencing conditions controls over any written sentencing documents, and scrivener's errors in written probation orders must be cor…

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Key Quotes

“a court's oral pronouncement controls over any written sentencing documents”

Citation to Spatcher v. State regarding the hierarchy of sentencing pronouncements

Facts & Procedural History

Waller was sentenced by the trial court, which orally prohibited him from having any contact with the victim. However, the written order of probation …

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Opinion of the Court

PER CURIAM.

In this appeal pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm Waller’s judgment and sentence but remand for the trial court to correct a scrivener’s error in the written order of probation. While the transcript from the sentencing hearing shows that the trial court orally prohibited Waller from having any contact with the victim, the written order of probation does not include this special condition. The written order of probation should be corrected to prohibit Waller from having any contact with the victim. See Spatcher v. State, 228 So. 3d 1162, 1163 (Fla. 1st DCA 2017) (reaffirming that a court’s oral pronouncement controls over any written sentencing documents).

AFFIRMED and REMANDED.

RAY, C.J., and KELSEY and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and

authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________

Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

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