DEMETRICE CONELLE SPENCER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a written judgment containing scrivener's errors and an improper sentence must be corrected.
The appellant was convicted of carjacking and kidnapping, but the written judgment contained incorrect statutory citations and imposed a sentence exce…
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, and the kidnapping statute subsection as 787.01(l)(l)(a), Florida Statutes. The statutory maximum sentence for a felony of the first degree is 30 years. See § 775.082(3)(b), Florida Statutes (1997). The appellant notes, and the State concedes, that the scrivener’s error on the written judgment is prejudicial, and that the 35 year prison sentence for carjacking without a weapon improperly exceeds the 30 year statutory maximum.
Accordingly, we AFFIRM the convictions and REMAND with directions to the trial court to correct the judgment to reflect carjacking without a weapon pursuant to section 812.133(2)(b), Florida Statutes; and kidnapping without a weapon pursuant to section 787.01(l)(a)l., Florida Statutes; and to RESENTENCE the appellant on the carjacking conviction to no more than 30 years. The sentences for kidnapping without a weapon are AFFIRMED. See § 787.01(2), Fla. Stat. BARFIELD, C.J., and ALLEN, J„ concur. . Subsection (2)(a) criminalizes carjacking with a firearm or weapon, with which the State originally charged the appellant. The offense in subsection (2)(a) is a Level 9 offense under section 921.0022(3), Florida Statutes, and "a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084 .” In contrast, subsection (2)(b) is a Level 7 offense under section 921.0022(3), Florida Statutes, and “a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or 775.084 .”
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