JAMES B. HADDOCK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed conviction for possession of anabolic steroids but reversed sentence due to scrivener's errors in the written judgment that misidentified the counts and method of conviction.
A conviction for possession of anabolic steroids is affirmed, but the sentence must be reversed and remanded because the written judgment contained scrivener's errors misidentifying the convicted counts and falsely indicating a guilty plea rather than jury conviction.
[1] Scrivener's errors in a written judgment that misidentify the counts of conviction and falsely indicate a guilty plea rather than jury conviction require reversal and rem…
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Join FLexlaw to unlock all legal intelligenceHaddock was charged with five counts of possession of anabolic steroids; the state nolle prossed three counts, and the jury convicted him on counts I …
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. PER CURIAM.
James B. Haddock appeals his conviction and sentence for two counts of possession of anabolic steroids. We affirm his conviction, however, we reverse and remand for resentencing and for correction of scrivener’s errors.
Haddock was originally charged with five counts of possession of anabolic steroids. During his jury trial, the state nolle prossed counts II, III and IV and the jury convicted Haddock of counts I and V. The trial court orally pronounced that it was sentencing Haddock to five years probation on count I and four years probation as to count IV. Although he was convicted by a jury, the written order indicates that Haddock pled guilty and was sentenced to five years probation on counts I and IV. This was error. We remand for resentencing so that the judgment and sentence can be made to show: that Haddock was sentenced on counts I and V and not counts I and IV; that he was convicted by a jury and did not enter a guilty plea; and the correct probationary terms. Justice v. State, 658 So. 2d 1028 (Fla. 5th DCA), review granted, 666 So. 2d 143 (Fla.1995); Alexander v. State, 643 So. 2d 652 (Fla. 5th DCA 1994). The other points on appeal have no merit. Accordingly, we affirm the conviction but reverse the sentences and remand for resentencing.
AFFIRM conviction; REVERSE sentence; REMAND for resentencing and correction of clerical errors.
DAUKSCH, HARRIS and THOMPSON, JJ., concur.
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Authorities Cited
- Justice v. State, 658 So. 2d 1028 (Fla. 5th DCA 1995)
- Wilts C. Alexander v. State, 643 So. 2d 652 (Fla. 5th DCA 1994)
- Cokley v. State, 643 So. 2d 652 (Fla. 5th DCA 1994)