CLIFFORD LEE PERKINS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed convictions for cocaine sale and possession within 1000 feet of a school; noted apparent scrivener's error in written judgments showing 180 months instead of 108 months on some counts but could not address it due to lack of preservation.
A defendant's convictions for drug offenses are affirmed where the trial court properly denied the motion to withdraw plea, though a scrivener's error in the written judgment cannot be corrected on appeal without proper preservation.
Perkins pleaded no contest in three separate cases to four counts of sale or delivery of cocaine within 1000 feet of a school and four counts of posse…
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Clifford Lee Perkins, Jr., pleaded no contest in three separate cases to four counts of sale or delivery of cocaine within 1000 feet of a school and four counts of possession of cocaine. Prior to sentencing, Perkins moved to withdraw his plea; however, the trial court denied this motion after a hearing. The court then orally sentenced Perkins to concurrent terms of 108 months in prison on each of the sale or delivery counts and sixty months in prison on each of the possession counts.
We affirm Perkins’ convictions without further comment. However, we note that there appears to be a scrivener’s error in the written judgments and sentences, two of which indicate a sentence of 180 months — rather than 108 months — on the sale or delivery convictions. We cannot address this apparent error in this appeal because it was not preserved either before this appeal by objection in the trial court or while this appeal was pending by the filing of a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). Therefore, we must affirm Perkins’ sentences. However, our affirmance is without prejudice to any right Perkins may have to raise this apparent error in the trial court.
NORTHCUTT and SILBERMAN, JJ., Concur.
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Sheena Latson v. State, 193 So. 3d 1070 (Fla. 1st DCA 2016)…6 n. 1 (Fla.2000) (refusing to correct an unpreserved scrivener’s error where neither the defendant nor the State sought to correct it by filing a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b)); Perkins v. State, 53 So. 3d 1141 (Fla. 2d DCA 2011) (refusing to address scrivener’s error in the written judgments and sentences “because it was not preserved either before this appeal by objection in the trial court or. while this appeal was pending by the filing of a motion to c…
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Carrion v. State (Fla. 2d DCA 2021)…it was not preserved either before this appeal by objection in the trial court or while this appeal was pending by the filing of a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2)." Perkins v. State, 53 So. 3d 1141, 1141 (Fla. 2d DCA 2011); see also Del Rosario v. State, 306 So. 3d 327, 327 (Fla. 3d DCA 2020) (affirming appellant's conviction and sentence without prejudice for appellant to file a rule 3.800(b) motion to correct error in sentencing order de…
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Scott v. Reflections OF Sebastian, LLC, 133 So. 3d 1046 (Fla. 4th DCA 2014)…ajbsent evidence of a willful failure to comply or extensive prejudice to the opposition ... the granting of such an order constitutes an abuse of discretion.” Id. (citing Mercer v. Raine, 443 So. 2d 944, 946 (Fla.1983)); see also Cossio v. Arrondo, 53 So. 3d 1141, 1145-46 (Fla. 3d DCA 2011) (finding order precluding defendant from presenting witnesses at trial other than herself and from introducing documents to be “one of the harshest that could have been imposed, effectively preventing [the defendant] from…
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