KEITH LINWOOD JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant appeals his conviction of burglary of a structure and sentence of ten years pursuant to the enhanced penalty provisions of Section 775.084, Florida Statutes (1979). We affirm.
We note that the trial judge’s order imposing the enhanced sentence incorrectly made reference to a prior conviction for the possession of a controlled substance on November 15, 1978. It is apparent from the record that the sentence was, in fact, predicated upon a prior conviction for burglary on March 2, 1977.
We remand to the trial court for correction of the clerical error and entry of an appropriate order reflecting the correct information concerning appellant’s prior conviction. The defendant need not be present.
ERVIN, SHAW and WENTWORTH, JJ., concur.
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Kent Ins. Co. v. Hobbs, 421 So. 2d 658 (Fla. 1st DCA 1982)…25(1), Fla.Stat.; Fireman’s Fund Insurance Company v. Rich, 220 So. 2d 369, 371 (Fla.1969); International Piling, Inc. v. American National Fire Insurance Company, 345 So. 2d 761 (Fla. 4th DCA 1977); Fidelity & Casualty Company of New York v. Scott, 390 So. 2d 820 (Fla. 1st DCA 1980). That authority would include construction of contracts. Total Appliance Repairs v. Nelson, 382 So. 2d 1333, 1334 (Fla. 1st DCA 1980). This case is distinguishable from U.S. Home Corp. v. Parker, 404 So. 2d 170 (Fla. 1st DCA 19…
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Nails v. State, 899 So. 2d 1287 (Fla. 1st DCA 2005)…but to focus solely on Condition (5), to which the trial court orally agreed. No evidence was offered relating to an alleged violation of Condition (10). Appellant need not be present for the correction of this scrivener’s error. See Jones v. State, 390 So. 2d 820 (Fla. 1st DCA 1980). We AFFIRM the convictions and sentences in Case No. 1D04-319 and the probation revocation order in Case No. 1D04-322 and REMAND with instructions to the trial court to strike the reference to Condition (10) in the written revo…
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Joycelyn Glover v. State, 146 So. 3d 57 (Fla. 1st DCA 2014)…probationary order, which incorrectly indicates that appellant entered a plea of guilty rather than that appellant was found guilty by jury verdict. Appellant does not need to be present for the correction of this clerical error. See Jones v. State, 390 So. 2d 820 (Fla. 1st DCA 1980). AFFIRMED but REMANDED to correct the written probationary order. LEWIS, C.J., WOLF and WETHERELL, JJ., concur.…
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