JESSE KEITH WIGGINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed defendant's conviction for second degree murder with a firearm, finding the search warrant sufficiently supported by corroborated anonymous tip, but remanded for correction of judgment which erroneously stated first degree murder.
A search warrant supported by an anonymous tip that is sufficiently corroborated by police investigation satisfies probable cause, and minor inaccuracies in warrant identification do not invalidate it if the place to be searched is otherwise sufficiently identified.
[1] An anonymous tip may establish probable cause for a search warrant when sufficiently corroborated by police investigation.
[2] An inaccuracy in a search warrant, such as an incorrect address, does not invalidate the warrant if the place to be searched is otherwise sufficiently identified.
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Join FLexlaw to unlock all legal intelligenceDefendant Wiggins was convicted of second degree murder with a firearm. The judgment erroneously adjudicated him guilty of first degree murder with a …
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PLEUS, J.
We have considered the defendant’s challenges to the sufficiency of the search warrant and find them to be without merit. See State v. Maynard, 783 So. 2d 226 (Fla.2001) (anonymous tip may lead to probable cause where it is sufficiently corroborated by police); Carr v. State, 529 So. 2d 805, 806 (Fla. 1st DCA 1988) (“An inaccuracy in the warrant, such as an incorrect address or apartment number, does not invalidate the warrant if the place to be searched is otherwise sufficiently identified in the warrant.”). While not raised by the parties, review of the record reflects that while the defendant was found guilty of second degree murder with a firearm, the judgment erroneously adjudicates the defendant guilty of “first degree murder with a firearm.” The Criminal Punishment Score-sheet correctly reflects the primary offense at sentencing to be second degree murder (with a firearm). This fundamental error in the judgment should be corrected by the trial court on remand by way of entry of a corrected judgment. Given the ministerial nature of the correction, the defendant need not be present for such correction. Lamm v. State, 871 So. 2d 918 (Fla. 5th DCA 2004).
AFFIRMED; remanded for entry of a corrected judgment to reflect the defendant’s conviction for second degree murder with a firearm.
ORFINGER and TORPY, JJ„ concur.
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Montealegre v. State, 109 So. 3d 1238 (Fla. 5th DCA 2013)…); Lopez-Vasquez v. State, 966 So. 2d 996, 997 (Fla. 5th DCA 2007); Davis v. State, 529 So. 2d 1251, 1252 (Fla. 5th DCA 1988). Given the ministerial nature of the correction, Montealegre need not be present for this correction. See Wiggins v. State, 992 So. 2d 363, 364 (Fla. 5th DCA 2008); Lamm v. State, 871 So. 2d 918, 919 (Fla. 5th DCA 2004). [*1239] AFFIRMED; REMANDED FOR ENTRY OF CORRECTED JUDGMENT. ORFINGER, C.J., SAWAYA and COHEN, JJ., concur.…
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Junior Jeudy v. State, 219 So. 3d 843 (Fla. 4th DCA 2017)…claim, and we remand for the trial court to correct appellant’s judgment to conform to the jury’s verdict that he was guilty of attempted carjacking and false imprisonment. The appellant need not be present for the correction. See Wiggins v. State, 992 So. 2d 363, 364 (Fla. 5th DCA 2008). We affirm the summary denial of claim two on the ground that appellant failed to demonstrate prejudice under Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). There was no defect in the i…
Authorities Cited
- State v. Maynard, 783 So. 2d 226 (Fla. 2001)
- Carr v. State, 529 So. 2d 805 (Fla. 1st DCA 1988)
- Lamm v. State, 871 So. 2d 918 (Fla. 5th DCA 2004)