Oscar Arthur Ross v. State Florida

Appellant, charged with robbery, as a result of plea negotiation withdrew his previously entered plea of not guilty and entered a plea of guilty to the lesser included offense of assault with intent to commit robbery, for which offense he was adjudged guilty and sentenced to fifteen years in prison. Appellant's first point is that the court erred when it pronounced sentence without first adjudicating him to be guilty. His premise for this point is that the court reporter's transcribed notes of the proceedings at the time the court accepted the plea and at the time of the subsequent sentencing do not disclose that the court made an oral adjudication of guilt. An oral in-court adjudication of guilt is unquestionably desirable, certainly customary, but not essential to the validity of the judgment when there is a written judgment of guilty rendered by the judge in open court and subsequently filed and recorded. The record reflects that such written judgment was rendered in open court at the time of sentencing and was subsequently filed and recorded. This is a sufficient compliance with Rule 3.670 RCrP.