BURCHAM LEE LEVITT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Withholding Adjudication Of Guilt cases and more on FLexlaw
ALTENBERND, Judge.
Burcham Lee Levitt appeals his judgments and sentences for battery on a law enforcement officer, fleeing to elude, and resisting arrest without violence. We affirm the convictions. We reverse, however, the amended judgment that imposed an adjudication of guilt that the trial court had initially withheld. The sentence imposed at the conclusion of the sentencing hearing and reduced to writing controls, and the trial court erred in granting the State’s subsequent motion to correct the sentence and scoresheet. See Fla. R.Crim. P. 3.800(c) (Comm. Notes, 1980 Amend.); Cherry v. State, 439 So. 2d 998 (Fla. 4th DCA 1983). Moreover, the State’s failure to bring prior convictions to the court’s attention at a sentencing hearing does not constitute a “scrivener’s error.” On remand, the trial court shall reinstate the original judgment dated September 15, 2000.
Reversed and remanded.
GREEN and SILBERMAN, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Shlomo Rasabi v. David Salomon for the Estate of Elliot Gindi, 51 So. 3d 1284 (Fla. 4th DCA 2011)…er 21, through 8:30 a.m. on Monday, November 14, 2005, nunc pro tunc. The Administrative Order had the result of extending the time for filing the joint motion under Florida Rule of Civil Procedure 1.820(h). See R.J. Reynolds Tobacco Co. v. Kenyon, 826 So. 2d 370, 371 (Fla. 2d DCA 2002) (holding that administrative order by chief circuit court judge establishing Christmas eve as a “ ‘legal holiday’ for purposes of computing the time for the service” of a motion controlled timeliness of service). As the joint…
Authorities Cited
- Cherry v. State, 439 So. 2d 998 (Fla. 4th DCA 1983)