DAVID ALAN SHUEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID ALAN SHUEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
950 So. 2d 1285
Florida District Court of Appeal, Fifth District (2007)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PLEUS, C.J.
We have reviewed the points raised by the defendant and find no reversible error. However, for the sake of accuracy, we point out the following matter, sua sponte. The judgment of conviction erroneously states 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jorvonni Palmer v. State, 141 So. 3d 696 (Fla. 2d DCA 2014)…in all respects except to point out a scrivener’s error in the judgment and sentence, which indicates that Palmer pleaded guilty when in fact he was found guilty by a jury. We remand for the correction of this scrivener’s error. See Shuey v. State, 950 So. 2d 1285 (Fla. 5th DCA 2007). Palmer does not need to be present for this correction. See id. Affirmed; remanded with instructions. BLACK, JJ., and BAUMANN, HERBERT J., JR., Associate Judge, Concur.…
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Jerrett Swaford v. State, 320 So. 3d 331 (Fla. 2d DCA 2021)…the trial court declined to find him in violation of that condition. Thus although we have concluded that no reversible error occurred, we sua sponte remand for correction of these scrivener's errors for purposes of accuracy. See Shuey v. State, 950 So. 2d 1285, 1285 (Fla. 5th DCA 2007). Swaford need not be present for the correction. See Royce v. State, 141 So. 3d 1278, 1279 (Fla. 2d DCA 2014). Because we are remanding for correction of scrivener's errors, we note one other problem reflected in the reco…
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Henry v. State (Fla. 4th DCA 2019)…judgment should reflect a conviction for robbery with a weapon and include a citation to the correct statute, section 812.13(2)(b), Florida Statutes (1997). Henry need not be present when these scrivener’s errors are corrected. See Shuey v. State, 950 So. 2d 1285 (Fla. 5th DCA 2007). Remanded with instructions. DAMOORGIAN, CIKLIN and FORST, JJ., concur.…
Authorities Cited
- Cook v. State, 947 So. 2d 1207 (Fla. 1st DCA 2007)