Blocker v. State

968 So. 2d 686, 2007 WL 3400885
CourtDistrict Court of Appeal of Florida
DecidedNovember 16, 2007
Docket2D06-693
StatusPublished
Cited by16 cases

This text of 968 So. 2d 686 (Blocker v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blocker v. State, 968 So. 2d 686, 2007 WL 3400885 (Fla. Ct. App. 2007).

Opinion

968 So.2d 686 (2007)

Troy L. BLOCKER, Appellant,
v.
STATE of Florida, Appellee.

No. 2D06-693.

District Court of Appeal of Florida, Second District.

November 16, 2007.

*687 ALTENBERND, Judge.

Troy L. Blocker appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). This case presents an extreme example of the difficulties faced by trial courts when a defendant argues that his sentence is illegal because of a discrepancy between the contents of the written transcript of the sentencing hearing and the written sentence. Mr. Blocker's written sentences, rendered in 1989, reflect 99-year sentences for burglary and sexual battery. Those sentences are consistent with the terms of a written negotiated plea agreement that appears to have been signed by Mr. Blocker. The sentences seem appropriate in light of the guidelines scoresheet, which was prepared at the time of sentencing, recommending a life sentence. Mr. Blocker also filed a postconviction motion under oath in 1994 alleging that he had been sentenced to 99 years in prison. Nevertheless, a transcript prepared in 1995 reflects that the trial court orally pronounced sentences of 9 years. The trial court denied Mr. Blocker's motion to correct illegal sentence without an evidentiary hearing, concluding that the 99-year sentences in the written sentences were correct and that the transcript indicating the imposition of 9-year sentences was inaccurate.

In a recent opinion, Williams v. State, 957 So.2d 600 (Fla.2007), the Supreme Court of Florida held that a claim asserting a discrepancy between an oral and written sentence is an "illegal sentence" and as such is cognizable at any time under rule 3.800(a). Id. at 603. In assessing the suitability of rule 3.800(a) to address such claims, the court stated: "We have explained that this procedural rule allows for petition to the courts to correct sentencing errors that may be identified on the face of the record and, because such errors may be resolved as a matter of law, do not require contested evidentiary hearings." Id. at 602. By concluding that such issues may be decided "as a matter of law," the opinion effectively equates the content of the written transcript with the oral pronouncement of sentence. As this *688 case demonstrates, the two may not always be equivalent.

This case is factually distinguishable from Williams because the State has presented documents that reasonably call into question the accuracy of the transcript and present a factual issue as to whether the sentences that were orally pronounced were sentences totaling 9 years or sentences totaling 99 years.[1] Although the issue presented is clearly a question of fact and not one of law, like the trial court we are entirely convinced that the transcript in this case contains an error and that the written sentences do not. We are unwilling to extend the reasoning of Williams to reverse the written sentences in this case. We can devise no method by which the trial court could actually determine in this case which of the written documents is an accurate reporting of the oral pronouncement without conducting an evidentiary hearing. Under these circumstances, the issue presented is a factual one requiring an evidentiary hearing and, thus, is not cognizable under rule 3.800(a).

We conclude that the trial court was entitled to reject Mr. Blocker's claim in this case. We hold that, at least when the State demonstrates a reasonable basis to contest the accuracy of a transcript of a sentencing hearing and thereby creates a disputed question of fact, a conflict between a written sentence and a written transcript is a factual issue that must be resolved under Florida Rule of Criminal Procedure 3.850. Here, that reasonable basis was established by review of the plea form and other sentencing documents of record that support the validity of the written sentences. Because Mr. Blocker is well beyond the two-year time limit for filing a rule 3.850 motion, and because he was present at sentencing to hear the oral pronouncement and his claim does not otherwise involve any newly discovered evidence, this specific claim is time barred.

In light of the ruling in Williams, we certify the following question to the Supreme Court of Florida as a matter of great public importance:

IF A DEFENDANT FILES A POSTCONVICTION MOTION MORE THAN TWO YEARS AFTER THE FINALITY OF HIS SENTENCES ALLEGING A CONFLICT BETWEEN THE SENTENCES STATED IN HIS WRITTEN SENTENCES AND THOSE CONTAINED IN THE WRITTEN TRANSCRIPT, AND IF THE STATE REASONABLY CONTESTS THE ACCURACY OF THE TRANSCRIPT:
(1) MUST THE TRIAL COURT RULE IN FAVOR OF THE DEFENDANT AS A MATTER OF LAW BECAUSE THE TRANSCRIPT CONTROLS THE ISSUE,
(2) MUST THE TRIAL COURT CONDUCT AN EVIDENTIARY HEARING PURSUANT TO RULE 3.800(A) TO DETERMINE WHICH DOCUMENT ACCURATELY REFLECTS THE TRIAL JUDGE'S ORAL PRONOUNCEMENT, OR
(3) MAY THE TRIAL COURT DENY THE MOTION AS AN UNTIMELY *689 REQUEST FOR RELIEF PURSUANT TO RULE 3.850?

I. THE 1989 SENTENCING HEARING AND RESULTING PROCEEDINGS

On February 7, 1989, Mr. Blocker appeared before Judge Crockett Farnell to enter a negotiated plea in three cases, 87-14776, 87-14777, and 87-14778. He was represented by Ronnie G. Crider, and the State was represented by William Loughery. The matter was reported by a court reporter identified as Van Matthews. The court reporter's notes, however, were not transcribed until October 1995. At that time, a transcript was prepared by another court reporter, Eric French, apparently for the earlier postconviction proceeding.

The 1995 transcript reports that Mr. Crider stated that his client "would score to life in prison for these charges." He then reportedly stated: "Pursuant to our earlier discussion and negotiations, the State will agree to allow the Court to sentence Mr. Blocker out of those guidelines to a term of nine years in the Florida State Prison." The transcript then reflects that Mr. Blocker read and understood the "advisement form" (presumably the plea form reflecting a much greater sentence) and was prepared to sign it. The trial court required a factual basis for the convictions in all three cases. The crimes described were all very serious in nature. Thereafter the trial court imposed a single sentence, reportedly stating: "The Court will accept the plea. I will adjudicate the Defendant, sentence him to nine years, Department of Corrections."

In contrast to this transcript, the record contains a plea form signed by both Mr. Blocker and his attorney in which Mr. Blocker agreed to enter a plea of guilty to three counts of burglary, three counts of sexual battery, and dealing in stolen property in exchange for a disposition of "99 yrs. D.O.C." It also contains a guidelines scoresheet prepared on a category 2 scoresheet pursuant to Florida Rule of Criminal Procedure 3.701 and Form 3.988(b) (1987), with points totaling 673. On that scoresheet, Mr. Blocker scored an additional 90 points above the 583 points required for a recommended sentence of life. See Fla. R. Crim. P. Form 3.988(b).

The written judgments and sentences reflect the following: In 87-14776, Mr. Blocker was convicted of a burglary, a first-degree felony punishable by life,[2] and sexual battery, a life felony.[3] For both of these offenses he received written sentences of 99-year terms of incarceration that are concurrent with one another and with the sentences in the other two cases.

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Bluebook (online)
968 So. 2d 686, 2007 WL 3400885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blocker-v-state-fladistctapp-2007.