LELIS ANTONIO MUNOS RIVAS
v.
STATE OF FLORIDA
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Appellant Lelis Antonio Munos Rivas appeals his battery conviction, challenging the trial court's denial of his mistrial motion after the State improperly commented on his right to remain silent, and also requesting remand for correction of a scrivener's error in the final judgment. The appellate court affirmed the conviction and sentence in all respects, but clarified that Rivas failed to properly preserve the scrivener's error issue for appellate review.
The court affirmed Rivas' conviction and sentence without prejudice, finding that Rivas failed to preserve the scrivener's error issue for appellate review because he did not object to the error in the trial court or file a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) while the appeal was pending.
[1] A defendant must preserve an issue for appellate review by objecting in the trial court or filing a motion to correct sentencing error while the appeal is pending.
[2] An appellate court will affirm a judgment without prejudice to the defendant seeking further relief if the defendant failed to preserve an issue for review.
Previewing 2 of 3 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“Rivas did not preserve this argument either before this appeal by objection in the trial court or while this appeal was pending in his motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).”
Establishes the standard for preserving scrivener's error issues on appeal—requires timely objection in trial court or motion to correct sentencing error during appeal
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRivas was charged with battery in Lake County. After trial, the trial court entered a final judgment stating that Rivas entered into a no-contest plea…
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SASSO, J.
Appellant, Lelis Antonio Munos Rivas, appeals his conviction for battery, arguing that the lower court abused its discretion in denying his motion for mistrial after the State improperly commented on his right to remain silent. He further argues that this Court should remand for correction of the final judgment, which states Appellant entered into a no-contest plea when he was actually convicted by a jury.
We affirm in all respects and write to specifically discuss Rivas’ request that we remand the final judgment for correction of a scrivener’s error. Rivas did not preserve this argument either before this appeal by objection in the trial court or while this appeal was pending in his motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). Because Rivas failed to preserve this issue for our review, we affirm Rivas’ judgment and sentence without prejudice to Rivas seeking additional relief if he can do so in good faith. See generally Carrion v. State, 46 Fla. L. Weekly D2083 (Fla. 2d DCA Sept. 22, 2021) (holding that appellant failed to preserve, for appellate review, issue of whether scrivener's error in trial court's judgment had to be corrected to indicate he was found guilty by a jury in connection with defendant's second-degree murder, aggravated manslaughter, and aggravated child abuse conviction, since he did not object to the error before the trial court or file a motion to correct a sentencing error while his appeal was pending).
AFFIRMED.
HARRIS, J., dissents, without opinion. 3