MICHAEL ANDREW CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2009-07-08
No. 2D08-2256
KHOUZAM and CRENSHAW, JJ., Concur.
32 So. 3d 67 Florida District Court of Appeal, Second District (2009) Positive Treatment
Cited by 1 case
Opinion of the Court
LaROSE, Judge.

LaROSE, Judge.

Michael Andrew Carter appeals his conviction and sentence for robbery with a weapon. We affirm. Mr. Carter correctly notes, however, that the written judgment mistakenly reflects a conviction for robbery with a firearm or deadly weapon instead of robbery with a weapon. See § 812.13(2)(a), (b), Fla. Stat. (2006). As the State concedes, remand is necessary to correct this scrivener’s error. See Flesner v. State, 890 So.2d 331, 332 (Fla. 2d DCA 2004).

Affirmed, but remanded for correction of scrivener’s error.

KHOUZAM and CRENSHAW, JJ., Concur.

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  • Mann v. State, 62 So. 3d 1240 (Fla. 2d DCA 2011)
    …ment. While the record reflects that Mann was convicted of robbery with a weapon, the written judgment erroneously indicates he was convicted of robbery with a firearm. See Willingham v. State, 48 So. 3d 173, 173 (Fla. 2d DCA 2010); Carter v. State, 32 So. 3d 67, 67 (Fla. 2d DCA 2009). Judgment and sentence affirmed; remanded with instructions. DAVIS and KHOUZAM, JJ., Concur.…

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