STEPHEN AUMENT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this Anders1 appeal, we find no preserved reversible error apparent on the face of the record. However, we do note that in Brevard County circuit court case No. 02-68939, the judgment in count I, imposing a seventeen-year prison term followed by five years of probation, fails to comply with the court’s oral pronouncement of a ten-year prison term followed by five years probation. We are unable to direct the trial court to correct that error as the issue was not preserved for review by the filing of a timely motion to correct sentence pursuant to Florida Rule Criminal Procedure 3.800(b). See e.g. Highberger v. State, 863 So. 2d 1256 (Fla. 5th DCA 2004); Polite v. State, 847 So. 2d 1156 (Fla. 5th DCA 2003).
Accordingly, we affirm the defendant’s convictions and sentences without prejudice to file a timely postconviction motion to correct the sentencing discrepancy.
AFFIRMED.
THOMPSON, ORFINGER and MONACO, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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Johnson v. State, 954 So. 2d 702 (Fla. 1st DCA 2007)…roctor v. State, 901 So. 2d 994, 995 (Fla. 1st DCA 2005) (“[Tjhis court would not be able to address the [scrivener’s] errors because, absent the trial court’s ruling on a rule 3.800(b)(2) motion, these errors were not preserved.”); Aument v. State, 868 So. 2d 682 (Fla. 5th DCA 2004). Accordingly, we affirm the appellant’s judgment and sentence without prejudice to appellant’s filing a timely motion for postconviction relief to correct the sentencing discrepancy. AFFIRMED. VAN NORTWICK, LEWIS, and ROBER…
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Barriera v. State, 196 So. 3d 1265 (Fla. 5th DCA 2016)…"because the issue was not preserved for appeal by the filing of a timely motion to correct sentencing error pursuánt to Florida Rule of Criminal Procedure 3.800(b)” (citing Proctor v. State, 901 So. 2d 994, 995 (Fla. 1st DCA 2005); Aument v. State, 868 So. 2d 682 (Fla. 5th DCA 2004))).…
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Garvin v. State, 939 So. 2d 1136 (Fla. 1st DCA 2006)…, this Court cannot direct the trial court to correct the error because the issue was not preserved for appeal by the filing of a timely motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). See Aument v. State, 868 So. 2d 682 (Fla. 5th DCA 2004). Accordingly, we affirm the appellant’s judgment and sentence without prejudice to appellant’s filing a timely motion for postconviction relief to correct the sentencing discrepancy. AFFIRMED. WEBSTER, BENTON, and VAN NORTW…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Selena Polite v. State, 847 So. 2d 1156 (Fla. 5th DCA 2003)
- Joshalynne D. Highberger v. State, 863 So. 2d 1256 (Fla. 5th DCA 2004)