KEVIN ELLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEVIN ELLIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
983 So. 2d 730
Florida District Court of Appeal, Fifth District (2008)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
AFFIRMED. See Blake v. State, 939 So. 2d 192 (Fla. 5th DCA 2006); State v. Wells, 516 So. 2d 74 (Fla. 5th DCA 1987).
GRIFFIN, SAWAYA and PLEUS, JJ., concur.
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Citator
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Rodriguez v. State, 223 So. 3d 1053 (Fla. 2d DCA 2017)…victed on count 3 for discharging a firearm from a vehicle under section 790.15(2), Florida Statutes (2013). Because the judgment lists a conviction for the incorrect offense, remand is appropriate for - correction of this error. See Grant v. State, 983 So. 2d 730, 730 (Fla. 2d DCA 2008) (“[W] remand “for the trial court to correct the scrivener’s error so that the judgment and sentence [*1055] accurately reflect the jury’s verdict.”). Correspondingly, the trial court should amend the judgment for count 3 to…
Authorities Cited
- Blake v. State, 939 So. 2d 192 (Fla. 5th DCA 2006)
- Hillyer v. State, 516 So. 2d 74 (Fla. 5th DCA 1987)
- State v. Wells, 516 So. 2d 74 (Fla. 5th DCA 1987)