JOHN LEON NATKIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellate court remanded for entry of corrected judgment reflecting defendant's guilty plea to the complete charge of robbery with firearm, where trial court's written judgment omitted the firearm enhancement despite defendant's plea to the full charge.
A trial court's failure to expressly adjudicate a defendant guilty of all elements of the charged offense in the written judgment requires remand for entry of a corrected judgment, even where the record shows the defendant pleaded guilty to the complete charge.
[1] A trial court's written judgment must expressly adjudicate the defendant guilty of all elements of the charged offense to which the defendant has pleaded guilty, and omis…
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Join FLexlaw to unlock all legal intelligenceNatkie pleaded guilty to robbery and carrying a firearm in the course of a robbery, with a negotiated 20-year sentence. The trial court's written judg…
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PER CURIAM.
John Leon Natkie appeals from the denial of a motion to vacate a judgment and sentence under Rule 3.850, Fla.R.Crim.P. Natkie was charged with robbery and in the course of a robbery, carrying a firearm or other deadly weapon, to wit: a pistol. In the plea and sentencing proceedings, the information was read, Natkie pleaded guilty as charged, the maximum sentence of life imprisonment was explained and understood, the factual basis showed that a firearm was used in the course of the robbery, and the plea negotiation provided for a 20-year term in state prison. Other felony charges were dropped.
However, at sentencing the trial judge verbally adjudicated Natkie guilty of robbery and the written judgment and sentence showed the crime as “robbery.” Since it affirmatively appears from the record, however, that the trial court simply inadvertently failed to expressly adjudicate Natkie guilty of the crime charged by reciting the words “and in the course of a robbery, carrying a firearm or other deadly weapon, to wit: a pistol” following the word “robbery,” we, therefore, order the cause remanded for the sole purpose of entry of a proper judgment; and upon such judgment being entered, the judgment will stand affirmed. The defendant need not be present for this purpose.
McCORD, C. J., and MELVIN and BOOTH, JJ., concur.
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Whitfield v. State, 416 So. 2d 908 (Fla. 2d DCA 1982)…l, we find that the appellant has failed to demonstrate reversible error; therefore, the judgment and sentence appealed from are affirmed. However, we remand this case to the trial court to correct an imperfection in the judgment. Natkie v. State, 367 So. 2d 1121 (Fla. 1st DCA 1979). The appellant here was charged, tried by jury, and a verdict returned finding appellant guilty of robbery with a deadly weapon. Thereafter, the trial court entered its judgment on the jury verdict, but erroneously recited therei…