WILSON J. LOPEZ-VASQUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant is entitled to an amended judgment or order reflecting that one of his convictions was vacated.
Following a previous remand for vacating one of two shooting convictions due to double jeopardy, the trial court only made a handwritten notation on t…
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PER CURIAM.
In this appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm, but remand for entry of an amended judgment or order. In a previous appeal, this court, finding a double jeopardy violation, remanded for the trial court to vacate “one of the shooting convictions.” Lopez-Vazquez v. State, 931 So. 2d 231, 236 (Fla. 5th DCA 2006). On remand, the trial court vacated the conviction and sentence for shooting from a vehicle in count III. However, the court did not enter an amended judgment or an order reflecting that count III had been vacated, but only memorialized its ruling by making a handwritten notation on the scoresheet.
We agree with the public defender that appellant is entitled to an amended judgment or order reflecting that he has been adjudicated guilty of two rather than three felonies in the instant case. See Blake v. State, 873 So. 2d 1259, 1261 (Fla. 1st DCA 2004) (“Appellant is entitled to correction of the judgment to reflect Appellant’s correct misdemeanor offense.”); Poole v. State, 777 So. 2d 1186, 1187 (Fla. 5th DCA 2001) (defendant “correctly insists that he is entitled to an accurate 1994 score-sheet”); Davis v. State, 529 So. 2d 1251, 1252 (Fla. 5th DCA 1988) (defendant “entitled to have the record set straight even if there is little possibility that the total time actually spent in jail will be affected”).
We further find that appellant’s sentence for count I, which was corrected pursuant to a Rule 3.800(b)(2) motion, is now consistent with our opinion in Yasin v. State, 896 So. 2d 875 (Fla. 5th DCA 2005).
Accordingly, we affirm but remand for entry of an amended judgment or order reflecting that count III has been vacated.
SAWAYA, ORFINGER and EVANDER, JJ., concur.
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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
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Mulazim M. Yasin v. State, 896 So. 2d 875 (Fla. 5th DCA 2005)
- Poole v. State, 777 So. 2d 1186 (Fla. 5th DCA 2001)
- Lopez-Vazquez v. State, 931 So. 2d 231 (Fla. 5th DCA 2006)
- Dubuis v. Sec. First Fed. Sav. & Loan Ass'n, 529 So. 2d 1251 (Fla. 5th DCA 1988)
- Davis v. State, 529 So. 2d 1251 (Fla. 5th DCA 1988)
- Allen v. Allen, 873 So. 2d 1259 (Fla. 1st DCA 2004)
- Blake v. State, 873 So. 2d 1259 (Fla. 1st DCA 2004)