BRAYANT ELWYN MCCULLOUGH
v.
STATE OF FLORIDA
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When a conflict exists between oral pronouncement of sentence and written sentencing documents regarding cost of prosecution assessments, the oral pronouncement controls.
[1] When a conflict exists between the trial court's oral pronouncement of sentence and written sentencing documents, the oral pronouncement controls regarding assessment of…
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Join FLexlaw to unlock all legal intelligence“Where a conflict exists between the oral pronouncement of sentence and written sentencing documents, the oral pronouncement controls [including as to assessment of costs].”
Court explains the rule governing conflicts between oral and written sentencing pronouncements
Appellant was convicted of charges in Marion County. At sentencing, the trial court orally stated that $100 in cost of prosecution would be assessed, …
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PER CURIAM.
In this Anders1 appeal, after careful review of the record, we affirm Appellant’s convictions and sentences on all counts and in
all respects, except as to the $150 cost of prosecution imposed in the written judgment. Although the State requested the sum of $150, it offered no proof that costs in excess of $100 had been incurred, thereby failing to comply with section 938.27(2)(c)(8), Florida Statutes (2022). Furthermore, the trial court, during sentencing, orally stated that $100 cost of prosecution would be assessed. “Where a conflict exists between the oral pronouncement of sentence and written sentencing documents, the oral pronouncement controls [including as to assessment of costs].” Chrystie v. State, 95 So. 3d 1027, 1028 (Fla. 5th DCA 2012).
Accordingly, we remand for entry of an amended judgment imposing $100 as the cost of prosecution, but otherwise affirm.
AFFIRMED and REMANDED for entry of an amended judgment.
EDWARDS, C.J., JAY, and HARRIS, JJ., concur.
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Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Chrystie v. State, 95 So. 3d 1027 (Fla. 5th DCA 2012)