RONALD PRESSLEY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CASANUEVA, Judge.
In this appeal from the denial of Florida Rule of Criminal Procedure 3.850 relief, Mr. Pressley asserts first that he was improperly denied relief, and, second, that his sentencing documents do not correctly reflect the sentence imposed by the trial court. We conclude the trial court properly denied the Rule 3.850 motion and affirm. However, we hold that Mr. Pressley’s second contention is meritorious, and reverse so that the scrivener’s error in the sentencing documents may be corrected to reflect that Mr. Pressley was not sentenced as a habitual offender on the murder conviction. We also note that the habitualized sentence must be served before the non-habitualized sentence. See Simmons v. State, 661 So. 2d 343 (Fla. 2d DCA 1995).
Affirmed in part, reversed in part, remanded with instructions.
NORTHCUTT, A.C.J., QUINCE, PEGGY A., Associate Judge, Concurs.
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Amendments TO Fla. Rules OF Crim. Procedure 3.111(e) & 3.800 & Fla. Rules OF App. Procedure 9.020(h), 791 So. 2d 525 (Fla. 2001)…nd deviate from the oral pronouncement. See, e.g., Allen v. State, 739 So. 2d 166 (Fla. 3rd DCA 1999) (correcting a "scrivener's error” in the written order that adjudicated the appellant in contempt for "jailing polygraph exam”); Pressley v. State, 726 So. 2d 403 (Fla. 2d DCA 1999) (correcting scrivener’s error in the sentencing documents that identified the defendant as a habitual offender when he was not sentenced as a habitual offender); Ricks v. State, 725 So. 2d 1205 (Fla. 2d DCA 1999) (correcting scriv…1 / 2
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Amendments to the Florida Rules of Criminal Procedure, 886 So. 2d 197 (Fla. 2004)…t of a judicial determination or error. See, e.g., Allen v. State, 739 So. 2d 166 (Fla. 3rd DCA 1999) (correcting a “scrivener’s error” in the written order that adjudicated the appellant in contempt for “jailing polygraph exam”); Pressley v. State, 726 So. 2d 403 (Fla. 2d DCA 1999) (correcting scrivener’s error in the sentencing documents that identified the defendant as a habitual offender when he was not sentenced as a habitual offender); Ricks v. State, 725 So. 2d 1205 (Fla. 2d DCA 1999) (correcting scriv…
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Amendments to the Florida Rules of Criminal Procedure, 794 So. 2d 457 (Fla. 2000)…t of a judicial determination or error. See, e.g., Allen v. State, 739 So. 2d 166 (Fla. 3rd DCA 1999) (correcting a “scrivener’s error” in the written order that adjudicated the appellant in contempt for “jailing polygraph exam”); Pressley v. State, 726 So. 2d 403 (Fla. 2d DCA 1999) (correcting scrivener’s error, in the sentencing documents that identified the defendant as a habitual offender when he was not sentenced as a habitual offender); Ricks v. State, 725 So. 2d 1205 (Fla. 2d DCA 1999) (correcting scri…
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- Simmons v. State, 661 So. 2d 343 (Fla. 2d DCA 1995)