RON HOWARD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant, Ron Howard, filed a motion pursuant to section 3.800(b) to correct his sentence. On February 27, 2003, the trial court entered a corrected sentencing order. However, as the defendant correctly argues, the corrected order failed to grant the defendant any jail and prison credit. Therefore, this cause is remanded for entry of a sentencing order crediting the defendant with the 276 days spent in jail and for the time spent in prison. See Ryan v. State, 837 So. 2d 1075 (Fla. 3d DCA 2003); Baker v. State, 756 So. 2d 1091 (Fla. 3d DCA 2000). Finally, as to Count II, the judgment of conviction references section 775.087. However, a review of the jury’s verdict indicates that the jury did not find that the defendant either carried, displayed, or used a firearm or weapon during the burglary. As such, this cause is also remanded for the purpose of deleting the reference to section 775.087 in the judgment of conviction.
Remanded.
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Morgan Labissiere v. State, 904 So. 2d 516 (Fla. 3d DCA 2005)…’s error in his judgment of conviction. The State has no objection. The cause is remanded to the trial court for the purpose of deleting the reference to Section 775.087, Florida Statutes, from the judgment of conviction. See [*517] Howard v. State, 854 So. 2d 288 (Fla. 3d DCA 2003).1 Remanded. . The State has requested that a clerical error declaring first degree murder as a first degree felony be corrected. See Section 775.082, Florida Statutes (2001). On remand the trial court is free to make the cor…
Authorities Cited
- Cleveland Grant v. State, 837 So. 2d 1075 (Fla. 4th DCA 2003)
- Jones v. State, 756 So. 2d 1091 (Fla. 1st DCA 2000)