Should Sentencing Orders Be Filed on a Timely Basis Before the Trial Court Loses Jurisdiction ?
In Van Royal v. State, 497 So. 2d 625, 628 (Fla. 1986), the Court vacated a death penalty sentence because the trial court overrode the jury's life recommendation without making any oral findings at the sentencing hearing and then did not file a written sentencing order for six months, which was after the record on appeal had been certified to this Court.
The court stated that as long as sentencing orders are filed "on a timely basis before the trial court loses jurisdiction, we see no problem." Id.
Then, in Muehleman v. State, 503 So. 2d 310, 317 (Fla. 1987), the court declined to vacate a death sentence on the grounds that the sentencing order had been filed two-and-one-half months after the oral pronouncement of sentence, but prior to the record being certified to this Court.