Armstead v. State, 92-1809
| Decision Date | 11 January 1993 |
| Docket Number | No. 92-1809,92-1809 |
| Citation | 612 So.2d 623 |
| Parties | 18 Fla. L. Week. D316 David Lee ARMSTEAD, Jr., Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and John R. Dixon, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant, David Lee Armstead, Jr., appeals the judgment and sentence imposed after the revocation of his community control for the offense of possession of cocaine. Appellant contends the trial court erred in resentencing him on May 12, 1992, after imposing a legal sentence on May 5, 1992. We do not agree that appellant was re-sentenced, and affirm the May 12, 1992, sentence.
On January 15, 1989, appellant was charged with possession of cocaine, possession of drug paraphernalia, and driving with a suspended license. In June 1989, pursuant to a plea agreement for a guidelines sentence, appellant pled nolo contendere to all charges. At sentencing on August 22, 1989, appellant was adjudicated guilty, and was placed on probation for five years on the possession of cocaine conviction, one year on the paraphernalia conviction, and six months on the driving with suspended license conviction, the terms of probation to run consecutively to each other. In November 1991, appellant pled nolo contendere to violation of probation, his probation was revoked, and appellant was sentenced to two years of community control on the cocaine conviction, and to time served on the other convictions.
On May 5, 1992, appellant pled nolo contendere to four violations of community control. Sentencing on the community control violation was set for May 12, 1992. However, a written judgment dated and filed May 5, 1992, purported to place appellant on community control for two years. At the May 12, 1992, sentencing proceeding, the trial court "bumped" the guidelines sentencing range by two cells, based upon the prior violations of probation and community control, respectively. The trial court then orally pronounced sentence of 4 1/2 years, with credit for 469 days served. The transcript of the sentencing proceeding is silent with regard to the judgment and sentence document dated May 5, 1992.
Florida Rule of Criminal Procedure 3.700(b) provides that "[e]very sentence or other final disposition of the case shall be pronounced in open court." In this vein, it is a settled rule of law that oral pronouncement of sentence prevails over the written judgment and sentence form. Kennedy...
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Whitehead v. State, 94-1955
...v. State, 635 So.2d 1024, 1025 (Fla. 1st DCA 1994); White v. State, 624 So.2d 811, 812 (Fla. 3d DCA 1993); Armstead v. State, 612 So.2d 623, 624 (Fla. 1st DCA 1993); Fairman v. State, 576 So.2d 948, 950 (Fla. 3d DCA 1991); Wilcher v. State, 524 So.2d 1105, 1106 (Fla. 3d DCA 1988). In additi......
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Sprankle v. State, 95-960
...sentence or other final disposition of the case shall be pronounced in open court." Fla.R.Crim.P. 3.700(b). See also Armstead v. State, 612 So.2d 623 (Fla. 1st DCA 1993). Therefore, the sentence in 89-583 must be vacated. In addition, since the original sentences on counts III and IV in cas......
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Trueblood v. State, 93-396
...It is well-settled that the oral pronouncement of a sentence prevails over the written judgment and sentence form. Armstead v. State, 612 So.2d 623, 624 (Fla. 1st DCA 1993), citing Kennedy v. State, 564 So.2d 1127 (Fla. 1st DCA 1990); Jeffrey v. State, 456 So.2d 1307 (Fla. 1st DCA 1984). We......
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Hurt v. State
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