DAVID CHARLES SUTTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
David Charles Sutton appeals his convictions for three counts of capital sexual battery and one count of lewd or lascivious molestation. The Florida District Court of Appeal affirms the judgment and sentences, finding no reversible error despite Sutton's concerns about alleged errors in the judgment's face.
There is no reversible error. The renumbering of counts did not create any actual error with Sutton's conviction either statutorily or as to the offenses committed, and Sutton was properly sentenced. The written judgment correctly reflects the convictions despite the renumbering.
[1] A judgment and sentence will be affirmed if there is no reversible error.
[2] A defendant's conviction and sentence are not reversible if the judgment correctly reflects the offenses for which the defendant was convicted, even if the count numbers…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because there is no actual error with Sutton's conviction, either statutorily or as to the offenses committed, Sutton was properly sentenced, and we find no basis on which to reverse or remand the judgment for correction.”
The court's central holding that the renumbering of counts created no reversible error and the convictions were proper.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSutton was charged with seven offenses, but only four were submitted to the jury. The State requested that counts four and seven be renumbered as coun…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Capital Sexual Battery cases and more on FLexlaw
David Charles Sutton appeals his judgment and sentences for three counts of capital sexual battery and one count of lewd or lascivious molestation. We conclude that there is no reversible error, and we affirm Sutton’s judgment and sen*886tences. However, Sutton requests that this court address what he perceives to be an error on the face of the judgment. We write only to clarify a nonissue that may arise if Sutton decides to seek postconviction relief.
The State charged Sutton with ■ seven offenses, but only four of these offenses— counts one, two, four, and seven — were submitted to the jury for consideration. To avoid confusion, the State requested that count four, alleging capital sexual battery, and count seven, alleging lewd or lascivious molestation, be renumbered as counts three and four, and Sutton did not object to the renumbering. As a result, the judgment reflects that Sutton was convicted of the new counts three and four, which list the correct offenses from the old counts four and seven. Because there is no actual error with Sutton’s conviction, either statutorily or as to the offenses committed, Sutton was properly sentenced, and we find no basis on which to reverse or remand the judgment for correction. Cf. Harrell v. State, 76 So.3d 358 (Fla. 2d DCA 2011) (remanding for the trial court to enter a written judgment correctly reflecting Harrell’s convictions); Mann v. State, 62 So.3d 1240 (Fla. 2d DCA 2011) (remanding to correct a written judgment erroneously indicating that Mann was convicted of robbery with a firearm, rather than robbery with a weapon); Ellis v. State, 855 So.2d 101 (Fla. 2d DCA 2003) (remanding because the written judgment did not reflect the correct offense statute numbers).
Affirmed.
VILLANTI and LaROSE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mann v. State, 62 So. 3d 1240 (Fla. 2d DCA 2011)
- Ellis v. State, 855 So. 2d 101 (Fla. 2d DCA 2003)
- D.S. v. N.D.R., 76 So. 3d 358 (Fla. 2d DCA 2011)
- Dixon v. State, 76 So. 3d 358 (Fla. 1st DCA 2011)