Duncan v. State
2011 Fla. App. LEXIS 5669
| Fla. Dist. Ct. App. | 2011Background
- Duncan pleaded guilty to delivery of cocaine, a second-degree felony, under a negotiated plea for 27 months' imprisonment.
- Score sheet indicated 26.25 months was the lowest permissible sentence without downward departure.
- Trial court accepted the plea, but orally pronounced 12 months with credit for 148 days.
- Minutes and written judgment stated 27 months with credit for 148 days.
- No party objected at sentencing, and the discrepancy was not addressed on the record.
- Court remands for clarification due to potential transcript error or misstatement at pronouncement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the oral pronouncement control over the written sentence? | Duncan: oral pronouncement controls; written must reflect 12 months. | State: transcription may be wrong; court may correct only if accurate. | Remand for clarification; if transcript is wrong, correct transcript; if accurate, conform written to oral pronouncement. |
Key Cases Cited
- Williams v. State, 957 So.2d 600 (Fla.2007) (oral pronouncement controls over written sentence; final at end of hearing)
- Ashley v. State, 850 So.2d 1265 (Fla.2003) (pronouncement controls when final; corrections allowed for ambiguity)
- Justice v. State, 674 So.2d 123 (Fla.1996) (principles on pronouncement and correction)
- Comtois v. State, 891 So.2d 1130 (Fla.5th DCA 2005) (pronouncement final; correction allowed for ambiguity; not increase sentence after final pronouncement)
- Chapman v. State, 14 So.3d 273 (Fla.5th DCA 2009) (allows clarification of sentences when ambiguous)