JIMMY LEE NEWSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Written Judgment cases and more on FLexlaw
ALTENBERND, Chief Judge.
Jimmy Lee Newson challenges his judgment and sentence for burglary, aggravated assault, and petit theft. We affirm in all respects except for the written judgment, which we remand for correction of a scrivener’s error. The trial court orally imposed concurrent sentences of ten years’ imprisonment. The written judgment, however, reflects consecutive sentences for a total of twenty years’ imprisonment. The State admits that the written sentence is inconsistent with the oral pronouncement. This error is not the result of a judicial determination, but rather a scrivener’s error in the preparation of the written document. See Fla. R. Crim. P. 3.800 court commentary. Accordingly, we remand with directions that this scrivener’s error be corrected.
Affirmed; remanded to correct scrivener’s error. SILBERMAN and COVINGTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
-
Re-Employment Servs., Ltd. v. Nat'l Loan Acquisitions Co., 969 So. 2d 467 (Fla. 5th DCA 2007)…idavits by NLAC from the process server providing the necessary information mandated by section 48.21.1 Accordingly, we remand [*473] this case to the trial court for proceedings consistent with this opinion. See Thompson v. State, Dep’t of Revenue, 867 So. 2d 603 (Fla. 1st DCA 2004). REMANDED. GRIFFIN and TORPY, JJ., concur. . We note, parenthetically, that the parties did. set a hearing date for the purpose of [*473] resolving this matter, but the trial court, two days before the scheduled date, cancelle…
-
Robles-Martinez v. Diaz, Reus & Targ, LLP, 88 So. 3d 177 (Fla. 3d DCA 2011)…s regular on its face and therefore presumptively valid; defendant thus had burden of proving, by clear and convincing evidence, that he was not served at his usual place of abode). .The dissent relies upon Thompson v. State, Department of Revenue, 867 So. 2d 603 (Fla. 1st DCA 2004), for the proposition that an affidavit alleging that defendant was not served at his usual place of abode is a challenge to the facial regularity of the return of service. In Thompson, our sister court appeared to blur the distin…1 / 2
-
The Panama City Gen. P'ship v. Godfrey Panama City Inv., 109 So. 3d 291 (Fla. 1st DCA 2013)…give the Partnership additional time to prepare. We reverse, however, for an evi-dentiary hearing based upon the Partnership’s motion for reconsideration, which makes a prima facie case to challenge service. See Thompson v. State, Dep’t of Revenue, 867 So. 2d 603, 605 (Fla. 1st DCA 2004). The Partnership’s motion attached Porretta’s amended affidavit, an affidavit from Porretta’s son, a receipt from the moving company, and a letter from the director of the retirement community where Porretta now resides. All…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence