Angel L. Santiago, Jr. v. State
227 So. 3d 692
| Fla. Dist. Ct. App. | 2017Background
- Defendant Angel Luis Santiago, Jr. was convicted by a jury of burglary of a dwelling with an assault or battery.
- At sentencing the trial court orally pronounced a 48.075-month prison term. The transcript initially reflected the court said the sentence would be “nonconsecutive to any other sentences you may be serving.”
- The written judgment and sentence, however, stated the sentence would run consecutively to any other sentence being served.
- Santiago filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion arguing the written sentence conflicted with the oral pronouncement and thus was erroneous.
- The trial court held a hearing, concluded the transcript was incorrect, accepted a corrected court reporter affidavit that the court had in fact said “consecutive,” and denied the motion.
- On appeal the Fifth District affirmed, noting the court properly resolved the discrepancy after reviewing the audio and the reporter’s correction; Santiago’s counsel later conceded the audio supported the written judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether written judgment conflicts with oral pronouncement such that written sentence must be corrected | Santiago: oral pronouncement controls; written judgment saying consecutive is erroneous and illegal | State/Trial Court: transcript was in error; court actually pronounced consecutive; written judgment is correct | Affirmed: trial court properly resolved discrepancy; written judgment stands |
Key Cases Cited
- State v. Akins, 69 So. 3d 261 (Fla. 2011) (oral pronouncement normally controls when it conflicts with written sentence)
- Justice v. State, 674 So. 2d 123 (Fla. 1996) (oral sentence prevails over conflicting written judgment)
- Enchautegui v. State, 749 So. 2d 550 (Fla. 2d DCA 2000) (conflicts between oral and written sentence require factual resolution by trial court)
- Tory v. State, 686 So. 2d 689 (Fla. 4th DCA 1996) (discussing resolution when transcript and written judgment conflict)
- Manual v. State, 547 So. 2d 726 (Fla. 2d DCA 1989) (on remand State may attempt to show court reporter error caused discrepancy)
- Duncan v. State, 59 So. 3d 1197 (Fla. 5th DCA 2011) (trial court may correct an inaccurate transcript after appropriate investigation)