ALBARO FRANCISCO FLORES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2004-07-09
No. 5D04-811
SAWAYA, C.J., PLEUS and MONACO, JJ., concur.
875 So. 2d 1286 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 10 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Albaro Francisco Flores appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The record shows that the trial court orally pronounced two concurrent sentences of 3 1/2 years’ incarceration. The written sentences, however, reflect terms of incarceration of 3.6 years instead of 3.5 years. Finding that the sentence did not contain a scrivener’s error and that Defendant’s sentence was legal, the trial court denied Defendant’s 3.800(a) motion to correct sentence.

As Defendant’s written sentences do not conform to the judge’s oral pronouncement, and the error is apparent on the face of the record, we reverse the order denying relief and remand the case to the trial court for correction of Defendant’s sentences. See Berthiaume v. State, 864 So. 2d 1257 (Fla. 5th DCA2004).

REVERSED and REMANDED.

SAWAYA, C.J., PLEUS and MONACO, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Commonwealth Land Title Ins. Co. v. Freeman, 884 So. 2d 164 (Fla. 2d DCA 2004)
    …ubstance of a judgment cannot be corrected in this fashion. Bolton v. Bolton, 787 So. 2d 237, 238 (Fla. 2d DCA 2001); Clearwater Oaks Bank v. Plumtree, 477 So. 2d 1023 (Fla. 2d DCA 1985); Bortz, [*168] 675 So. 2d at 624; see also Malone v. Percival, 875 So. 2d 1286 (Fla. 2d DCA 2004). Thus, rule 1.540(a) was not a vehicle available to the trial court in this case. Recognizing the possible weakness of their position under rule 1.540, the Trustees argue that the trial court was right for the wrong reason. They…
  • Leach v. Aria Salehpour & Heron Cove Constr., Inc., 19 So. 3d 342 (Fla. 2d DCA 2009)
    …tigation and does not contemplate judicial error.”). Instead, “ ‘judicial errors, which include errors that affect the substance of a judgment, must be corrected within ten days pursuant to [rule 1.530] or by appellate review.’ ” Malone v. Percival, 875 So. 2d 1286, 1288 (Fla. 2d DCA 2004) (quoting Bolton v. Bolton, 787 So. 2d 237, 238-39 (Fla. 2d DCA 2001)). There is nothing in the instant record to suggest that Salehpour brought the motion as a way of correcting a clerical error. If anything, Salehpour’s mo…
  • Padot v. Padot, 891 So. 2d 1079 (Fla. 2d DCA 2004)
    …after entry of the judgment pursuant to Florida Rule of Civil Procedure 1.530, or by appellate review. See also Commonwealth Land Title Ins. Co. v. Freeman, 884 So. 2d 164, 29 Fla. L. Weekly D1704 (Fla. 2d DCA July 23, 2004). In Malone v. Percival, 875 So. 2d 1286 (Fla. 2d DCA 2004), this court held that an addendum to a final judgment of dissolution, which purported to correct scrivener’s errors, constituted an unauthorized amendment of the judgment. The addendum made several changes to the final judgment, i…

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