TERRY LYNN COOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the appellant's judgment and sentence but remanded for correction of a scrivener's error in the written judgment and sentence.
The appellant pled guilty to arson of a structure, a second-degree felony, but the judgment listed the offense as arson of a dwelling, a first-degree …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Scrivener'S Error cases and more on FLexlaw
PER CURIAM.
We affirm the 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). In case number 04-1798, the appellant pled guilty to the lesser included offense of arson of a structure, a second-degree felony. However, the judgment lists the offense as arson of a dwelling, a first-degree felony. Thus, the appellant’s sentence must be corrected to specify that the appellant was convicted of second-degree arson in case number 04-1798. Because this is a ministerial act, appellant’s presence is not required.
Furthermore, we note that the appellant was sentenced to fifteen years’ imprisonment on a number of counts that are third-degree felonies. Although this is clearly an error, this Court is constrained to affirm because there was no contemporaneous objection and the appellant did not file a motion to correct illegal sentence. See Wilson v. State, 898 So. 2d 191 (Fla. 1st DCA 2005).
Accordingly, we affirm the appellant’s judgment and sentence without prejudice to the appellant to seek the appropriate post-conviction relief. We also remand for the correction of the scrivener’s error in the judgment. AFFIRMED and REMANDED with directions.
BARFIELD, VAN NORTWICK, and THOMAS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Shuey v. State, 950 So. 2d 1285 (Fla. 5th DCA 2007)…s that the defendant pled nolo contendere to the charges when he was actually convicted following a jury trial. We affirm the convictions and sentences but remand to the trial court for correction of this scrivener’s error. See, e.g., Cook v. State, 947 So. 2d 1207 (Fla. 1st DCA 2007). The defendant’s presence at such correction is unnecessary. AFFIRMED; REMANDED. SAWAYA and EVANDER, JJ., concur.…
-
Harvis v. State, 252 So. 3d 418 (Fla. 1st DCA 2018)…ty of violating his probation for failing to pay cost of supervision, nor failing to complete community service. Thus, we affirm the convictions and sentences, but remand to the trial court for correction of the scrivener’s error. See Cook v. State, 947 So. 2d 1207 (Fla. 1st DCA 2007); Craig v. State, 2018 WL 3040780 (Fla. 2 1st DCA June 2, 2018). Appellant’s presence at such correction is unnecessary. AFFIRMED and REMANDED. B.L. THOMAS, C.J., and ROWE and M.K. THOMAS, JJ., concur. _______________________…
-
Shuey v. State, 951 So. 2d 67 (Fla. 5th DCA 2007)…s that the defendant pled nolo contendere to the charges when he was actually convicted following a jury trial. We affirm the convictions and sentences but remand to the trial court for correction of this scrivener’s error. See, e.g., Cook v. State, 947 So. 2d 1207 (Fla. 1st DCA 2007). The defendant correctly concedes that his presence at such correction is unnecessary. AFFIRMED; REMANDED. SAWAYA and EVANDER, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Raynard Wilson v. State, 898 So. 2d 191 (Fla. 1st DCA 2005)
- Diaz v. State, 910 So. 2d 894 (Fla. 1st DCA 2005)
- Latonya Williams v. State, 930 So. 2d 851 (Fla. 2d DCA 2006)