Opinion

Edsel A. Brown v. State of Florida

Court
District Court of Appeal of Florida
Filed
Nov 15, 2024
Status
Published
Cited by
0 cases
Authority
More cited than 33.0%

“[T]he motion should be denied without prejudice to the filing of an amended motion properly attaching the sentencing transcript.”

How later courts described this case

  • “[T]he motion should be denied without prejudice to the filing of an amended motion properly attaching the sentencing transcript.”
  • holding reversal required where postconviction court’s findings not supported by attachment of sentencing transcript

Written by the judges who cited it.

The opinion

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2024-2036

LT Case No. 2016-CF-001455

_____________________________

EDSEL A. BROWN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

3.800 Appeal from the Circuit Court for Putnam County.

Alicia R. Washington, Judge.

Edsel A. Brown, Live Oak, pro se.

No Appearance for Appellee.

November 15, 2024

WALLIS, J.

Appellant appeals the trial court’s denial of his Florida Rule

of Criminal Procedure 3.800(a) Motion which alleged that his

written sentence does not match the oral

pronouncement. Appellant alleges that the trial court orally

pronounced a sentence of 30 months in the Department of

Corrections with credit for 20 months. Appellant’s written

sentencing order states that his sentence is 6.78 years. The

postconviction court entered an order denying the motion finding:

Defendant was sentenced on February 1, 2023[,] for

violations of probation in the above numbered cases. This

Court reviewed the recording of that proceeding. Judge

Dawn Nichols accepted Defendant’s admission to

violating his community control, revoked his supervision,

and sentenced Defendant to the bottom of his scoresheet

of 6.78 years with high[sic] credit of 821 days over State

objection. The State was seeking 13 years in the

Department of Corrections. Defendant’s claim that he

was sentenced to 30 months has no merit.

The trial court attached no records to the order in support of

its findings and ultimate ruling. Accordingly, we must reverse the

order. See Lopez v. State, 2 So. 3d 1057, 1059 (Fla. 3d DCA 2009)

(holding reversal required where postconviction court’s findings

not supported by attachment of sentencing transcript). “On

remand, the trial court should examine the record for a sentencing

transcript. If no transcript is found or is otherwise obtainable, the

court should deny Appellant's Rule 3.800(a) motion on Ground (1)

without prejudice to amend with a sentencing transcript

demonstrating entitlement to relief.” Id.; see also Williams v.

State, 957 So. 2d 600, 604 (Fla. 2007) (“[T]he motion should be

denied without prejudice to the filing of an amended motion

properly attaching the sentencing transcript.”).

REVERSED and REMANDED with instructions.

HARRIS and PRATT, JJ., concur.

_____________________________

Not final until disposition of any timely and

authorized motion under Fla. R. App. P. 9.330 or

9.331.

_____________________________

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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