Moore v. State
Moore v. State
Opinion of the Court
Marvin Moore appeals his conviction and sentence for armed robbery.
One of the contested issues at trial was whether Mr. Moore robbed the victim with a “firearm” or with a “deadly weapon.” In an apparent tactical effort to avoid the second charge of possession of a firearm by a convicted felon, defense counsel took the position that Mr. Moore was carrying a BB gun which was a deadly weapon but not a firearm. After a bench trial,
The second issue on appeal is whether the trial court erred in entering a written sentencing order which departed from the oral pronouncement made at the sentencing hearing. Although the defendant was sentenced as a habitual violent felony offender, the sentence orally pronounced did not include a minimum mandatory term. The written sentence imposes a ten year minimum mandatory term. Under White v. State, 618 So.2d 354 (Fla. 1st DCA 1993), the written order would have been affirmed, under the reasoning that the orally pronounced sentence, without a minimum mandatory term, was illegal. However, White is no longer the controlling authority. We conclude that the trial court had the discretion to enter the orally pronounced sentence with no minimum mandatory term, and, therefore, it was error to enter a written sentence which departed from the oral pronouncement. See Moody v. State, 699 So.2d 1009 (Fla. 1997); State v. Hudson, 698 So.2d 831, 833 (Fla. 1997).
Accordingly, we AFFIRM the appellant’s conviction, but we REVERSE the written sentence and REMAND with directions that the lower court bring the written sentencing documents into conformity with the oral pronouncement of sentence. See Taylor v. State, 425 So.2d 1191, 1194 (Fla. 1st DCA 1983).
. Mr. Moore was convicted and sentenced in 1994; this direct appeal is timely by virtue of a ruling pursuant to an earlier rule 3.850 proceeding that he is entitled to a belated appeal.
. Mr. Moore waived his right to a jury trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.