Legal Opinion

Scott v. State

District Court of Appeal of Florida

Decided March 13, 2013No. 3D11-2434PublishedCited by 4 opinions

1Opinion of the CourtEmas, J.

We affirm without discussion the defendant’s conviction for second-degree murder, but reverse the life sentence and remand for resentencing. The State properly conceded that the trial court erred in imposing a written sentence that conflicts with the oral pronouncement. The written sentence designated the defendant both a prison releasee reoffender and a habitual felony offender. The oral pronouncement, however, reflects that the trial court designated the defendant a prison releasee reoffender only. The oral pronouncement of sentence prevails over a subsequent and conflicting written…

2Cases cited3 opinions

  1. Justice v. StateSupreme Court of Florida · 1996
  2. State v. GarciaDistrict Court of Appeal of Florida · 2006
  3. Catalan v. StateDistrict Court of Appeal of Florida · 2005

3Cited by4 opinions

  1. Casey Vassar v. State of FloridaDistrict Court of Appeal of Florida · 2025
  2. Montoya v. StateDistrict Court of Appeal of Florida · 2018
  3. Montoya v. StateDistrict Court of Appeal of Florida · 2018
  4. Nelson v. StateDistrict Court of Appeal of Florida · 2017

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