MUSA SHABAZZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2006-06-14
No. 1D04-5119
BENTON, POLSTON and THOMAS, JJ., Concur.
931 So. 2d 224 Florida District Court of Appeal, First District (2006) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant appeals his conviction and sentence for two counts of attempted first-degree murder and one count of felony fleeing or attempting to elude a law enforcement officer. We affirm Appellant’s conviction and sentence but remand for correction of a scrivener’s error contained in the written judgment. See Dennis v. State, 917 So. 2d 288 (Fla. 1st DCA 2005). The judgment erroneously lists Appellant’s conviction as a life felony; however, Appellant was tried and convicted of attempted first-degree murder, which is a first-degree felony. Therefore, the judgment must be corrected to reflect Appellant’s conviction for a first-degree felony, not a life felony. §§ 777.04(4)(b), 782.04(l)(a), Fla. Stat. (2003).

AFFIRMED and REMANDED with instructions.

BENTON, POLSTON and THOMAS, JJ., Concur.


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  • Molina v. State, 946 So. 2d 1103 (Fla. 5th DCA 2006)
    …TORPY and EVANDER, JJ., concur. . The order should be in writing. In the event the trial court orally finds the defendant competent to proceed, the appellate court may remand the case for entry of a written nunc pro tunc order. See Bailey v. State, 931 So. 2d 224 (Fla. 1st DCA 2006); Boone v. State, 805 So. 2d 1040 (Fla. 4th DCA 2002); Corbitt v. State, 744 So. 2d 1130 (Fla. 2d DCA 1999). . This court in Johnson explained: Rules 3.212(c)(6) and (7), Florida Rules of Criminal Procedure, provide that within…
  • Rumph v. State, 217 So. 3d 1092 (Fla. 5th DCA 2017)
    …(Fla. 4th DCA 2009)). If the trial court finds that the defendant is competent to proceed, it must enter a written order adjudicating the defendant competent. Fla. R. Crim. P. 3.212(b), (c)(7); Molina, 946 So. 2d at 1105 n.1 (citing Bailey v. State, 931 So. 2d 224 (Fla. 1st DCA 2006)). Competency is a legal rather than a medical question, and the expert reports prepared by the examiners are merely advisory. See Dougherty v. State, 149 So. 3d 672, 677-78 (Fla. 2014) (citing McCray, 71 So. 3d at 862). The part…
  • Tush-ee Lewis Hunter v. State, 174 So. 3d 1011 (Fla. 1st DCA 2015)
    …, as required by rule 3.212(c)(7). As we did in Martinez, we simply remand to the trial court to enter the needed written adjudication nunc pro tunc. See id., at 834; see also Powell v. State, 28 So. 3d 958, 958 (Fla. 1st DCA 2010); Bailey v. State, 931 So. 2d 224, 225 (Fla. 1st DCA 2006); White v. State, 548 So. 2d 765, 768 (Fla. 1st DCA 1989); Hampton v. State, 988 So. 2d 103, 106 (Fla. 2d DCA 2008). Hunter next argues that the trial court abused its discretion in admitting the recording of a 9-1-1 call wh…

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