EDWARD D. JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm Appellant’s judgment and sentence but remand for correction of a scrivener’s error contained in the written judgment and sentence. See Williams v. State, 930 So. 2d 851 (Fla. 2d DCA 2006) (remanding for correction of scrivener’s error in the written sentence); Diaz v. State, 910 So. 2d 894 (Fla. 1st DCA 2005) (remanding for correction of scrivener’s error in the judgment). Appellant filed a rule 3.800(b)(2) motion seeking to have the sentencing documents corrected to reflect that the habitual felony offender classification applies only to Count I. While the oral pronouncement made clear that the habitual offender classification applies only to Count I, the written judgment and sentence does not so specify. Therefore, the judgment and sentence must be corrected to reflect that the habitual offender sentence imposed by the court applies only to Count I, and not to Counts II and IV. Because this is a ministerial act, Jackson’s presence is not required.
AFFIRMED and REMANDED with directions.
WOLF, LEWIS and THOMAS, JJ., concur.
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Carlton v. State, 86 So. 3d 1194 (Fla. 2d DCA 2012)…se the trial court’s oral pronouncement of Carlton’s sentence does not include an HFO designation but his written sentence does, we remand this case with directions for the trial court to correct this scrivener’s error. [*1195] See Jackson v. State, 936 So. 2d 1172, 1172 (Fla. 1st DCA 2006). Because this is a ministerial act, Carlton’s presence is not required. See id. Affirmed in part; remanded with instructions. ALTENBERND and VILLANTI, JJ„ Concur.…
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Fosmire v. State, 215 So. 3d 200 (Fla. 1st DCA 2017)…04(7) (b), Fla. Stat. (2017) (“An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree .... ”). Because this is a ministerial act, Appellant’s presence is not required. Jackson v. State, 936 So. 2d 1172, 1172 (Fla. 1st DCA 2006). AFFIRMED in part, REVERSED in part, and REMANDED with directions. B.L. THOMAS, OSTERHAUS, and BILBREY, JJ., CONCUR.…
Authorities Cited
- Diaz v. State, 910 So. 2d 894 (Fla. 1st DCA 2005)
- Latonya Williams v. State, 930 So. 2d 851 (Fla. 2d DCA 2006)