# Edsel A. Brown v. State of Florida

> District Court of Appeal of Florida · November 15, 2024

URL: https://www.frixlaw.com/law-library/cases/10741348

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** November 15, 2024
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10741348

## How later opinions describe it (automated extraction)

- holding reversal required where postconviction court’s findings not supported by attachment of sentencing transcript

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10741348. Public record. Not legal advice.