KEITH LAVON ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court reversed a clerical error in the judgment form that incorrectly included a felony murder conviction not orally pronounced by the trial judge, and remanded to correct the sentencing to reflect only premeditated murder and robbery with the mandatory 25-year minimum.
A trial court's judgment and sentence form must be corrected when it fails to conform to the judge's oral pronouncement of sentence, particularly where a conviction was included that the judge did not orally adjudicate.
[1] A judgment and sentence form that does not conform to the trial judge's oral pronouncement of sentence constitutes a clerical error requiring correction on remand.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Possibly through a scrivener's error, the judgment and sentence form did not conform to the judge's pronouncement, but rather adjudicated and sentenced Mr. Anderson on all three charges.”
The court identifying the clerical error that required correction.
Keith Anderson struck a victim in the head with a hammer and took his wallet. The trial judge orally adjudicated him guilty of first degree premeditat…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Clerical Error In Judgment cases and more on FLexlaw
PER CURIAM.
The appellant, Keith L. Anderson, raised several issues by this appeal, one of which merits discussion. Mr. Anderson contends that the trial court committed error by adjudicating him guilty and sentencing him on first degree premeditated murder, first degree felony murder and robbery. The offenses were committed against one man on the same evening when Mr. Anderson struck the victim in the head with a hammer and immediately took his wallet. It is not necessary to discuss the merits of Mr. Anderson’s contention, however, because the record indicates that the judge, in his oral pronouncement of sentence, adjudicated Anderson guilty only of first degree premeditated murder and robbery. Possibly through a scrivener’s error, the judgment and sentence form did not conform to the judge’s pronouncement, but rather adjudicated and sentenced Mr. Anderson on all three charges. This clerical error should be corrected. We also note that the form fails to impose the 25 year mandatory minimum sentence provision orally imposed by the judge on the murder conviction.
The cause is therefore remanded to the trial court with orders that the judgment and sentence form be corrected to adjudicate and sentence Mr. Anderson only on Counts I and III, and to provide that he -serve a minimum sentence of 25 years on Count I; otherwise affirmed.
GRIMES, C. J., and BOARDMAN and RYDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Anderson v. Helm, 581 So. 2d 590 (Fla. 2d DCA 1990)…counsel to relinquish the record on appeal. See, e.g., Bermed v. Tacher, 565 So. 2d 833 (Fla. 3d DCA 1990). Mr. Helm, the attorney, represented Anderson in 1979, and was successful in having part of Anderson’s sentence vacated. Anderson v. State, 368 So. 2d 427 (Fla. 2d DCA 1979). In July, 1990, Anderson wrote Helm requesting the record. Anderson deems Helm’s response, which states that the case file was destroyed after five years pursuant to his employer’s policy, as “unsatisfactory.” We disagree. Petit…