SAMUEL DUVALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s convictions in this case. The judgment of conviction reflects that under count III, appellant was convicted of grand theft with a firearm. The trial judge properly instructed the jury only on the crime of grand theft as a lesser included offense of attempted carjacking. He did not also give an instruction on attempted grand theft. Unlike State v. Sykes, 434 So. 2d 325 (Fla.1983), this was not a case where the jury was charged on attempted grand theft and, as a separate crime, grand theft. The verdict forms given to the jury for count III were for attempted carjacking with a firearm, attempted grand theft, attempted battery, aggravated assault, battery, and assault. The defendant did not object at trial to either the verdict forms or the charge to the jury. We agree with the state’s contention that the inclusion of the word “attempted” on the grand theft verdict form in this case was a scrivener’s error, not a fundamental error. See Lyons v. State, 690 So. 2d 695 (Fla. 3d DCA 1997). We agree with appellant that the victim’s statements to his aunt were hearsay, but we find the errors to be harmless.
POLEN, C.J., GUNTHER and GROSS, JJ., concur.
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Wright v. State, 911 So. 2d 81 (Fla. 2005)…st-appeal. Id. The Second District Court of Appeal affirmed the trial court’s granting of Wright’s first claim without discussion. Id. With regard to Wright’s second claim, the Second District first receded from its prior decision in King v. State, 835 So. 2d 1224 (Fla. 2d DCA 2003), which “held that a rule 3.800(a) motion is a proper vehicle to challenge” a trial court’s order retaining jurisdiction that does not comply with all statutory requirements. Wright, 864 So. 2d at 1154. Based upon an analysis of th…
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Wright v. State, 864 So. 2d 1153 (Fla. 2d DCA 2003)…*1154] DAVIS, Judge. George I. Wright appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order of denial, recede from our opinion in King v. State, 835 So. 2d 1224 (Fla. 2d DCA 2003), and certify conflict with the First, Third, and Fourth Districts. In 1979, Wright pleaded guilty to armed robbery in two separate cases. In both cases, the trial court sentenced him to concurrent sentences of seventy-five years…1 / 2
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Trevorisse Thomas v. State (Fla. 5th DCA 2023)…form refers to the charge in the Amended Information, which, as explained, is not a charge for “aggravated” fleeing or attempting to elude under section 316.1935(4) but is a “nonaggravated” charge under section 316.1935(3)(a). See Duvall v. State, 835 So. 2d 1224, 1224 (Fla. 4th DCA 2003) (inclusion of word “attempted” on grand theft verdict form was scrivener’s error, not fundamental error). Lastly, the handwritten judgment entry on count 2 also incorrectly includes the word “aggravated.” That entry, howe…
Authorities Cited
- State v. Sykes, 434 So. 2d 325 (Fla. 1983)
- Lyons v. State, 690 So. 2d 695 (Fla. 3d DCA 1997)