MARCUS LAWAUN BRYANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed burglary convictions but remanded to correct written judgment reflecting 10-year sentences to conform to trial court's oral pronouncement of 5-year sentences for third-degree felonies.
A written judgment reflecting sentences exceeding the statutory maximum for third-degree felonies must be corrected to conform to the trial court's oral pronouncement of lawful sentences.
[1] A written judgment imposing sentences exceeding the statutory maximum for third-degree felonies constitutes a scrivener's error and must be corrected to conform to the tr…
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Join FLexlaw to unlock all legal intelligenceBryant was convicted of attempted burglary of an unoccupied dwelling and burglary of an unoccupied structure. The trial court orally pronounced 5-year…
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In this Anders1 appeal, we affirm the appellant’s convictions and sentences. However, the written judgment in case 12-CF-1843 reflects a sentence of 10 years in prison for the offense of the attempted burglary of an unoccupied dwelling and the burglary of an unoccupied structure in counts I and II. The attempted burglary of an unoccupied structure is a third-degree felony punishable by a maximum of 5 years in prison. §§ 810.02(4)(a); 775.082(3)(c), Fla. Stat. (2012). Similarly, *257the burglary of an unoccupied structure is a third-degree felony, also subject to a maximum sentence of 5 years in prison. §§ 810.02(3)(b); 777.04(4)(d)(l); 775.082(3)(c), Fla. Stat. (2012).
At sentencing, the trial court orally pronounced sentences of 5 years in prison for the third-degree felonies that were not habitualized. None of the offenses in case 12-CF-1843 were habitualized. Therefore, as the sentences imposed in counts I and II of this case were clearly the product of a scrivener’s error, the written judgment must be corrected to conform to the oral pronouncement. See Turner v. State, 770 So.2d 1288, 1288 (Fla. 1st DCA 2000) (affirming and remanding in an Anders appeal with instructions to conform the judgment to the oral pronouncement awarding credit for time served). Appellant need not be present for the correction of this clerical error.
AFFIRMED but REMANDED to correct the written sentence in case number 12-CF-1843 to reflect 5-year prison sentences as to counts I and II.
LEWIS, C.J., MARSTILLER and OSTERHAUS, JJ„ concur.
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Citator
Cited By
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Ducker v. State, 197 So. 3d 1095 (Fla. 1st DCA 2016)…the judgment to reflect that count 4 is a second degree misdemeanor. See Clark v. State, 85 So. 3d 1190 (Fla. 1st DCA 2012) (affirming Anders appeal but remanding with directions to correct con [*1096] viction in judgment); see also Bryant v. State, 124 So. 3d 256 (Fla. 1st DCA 2013) (affirming Anders appeal but remanding for correction of scrivener’s error in sentence). Second, at the sentencing hearing, the trial court orally designated Appellant as a habitual felony offender and prison releas-ee reoffend…
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Howard v. State, 128 So. 3d 929 (Fla. 1st DCA 2013)…ms for the two counts of which Appellant was convicted, the court’s intent is clear from a review of the entire record. We, therefore, remand this case for correction of the written sentence to conform to the oral pronouncement. See Bryant v. State, 124 So. 3d 256 (Fla. 1st DCA 2013). Appellant need not be present for the correction of this clerical error. Id. AFFIRMED and REMANDED. THOMAS, RAY, and MAKAR, JJ., concur.…
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Busbee v. State, 164 So. 3d 150 (Fla. 1st DCA 2015)…firm 'the appellant’s judgment and sentences but without prejudice to his right to timely seek collateral relief. WOLF, ROWE, and SWANSON, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). . Bryant v. State, 124 So. 3d 256 (Fla. 1st DCA 2013) (affirming Anders appeal but remanding for correction of scrivener’s errors where written sentences did not conform to the oral pronouncement).…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Turner v. State, 770 So. 2d 1288 (Fla. 1st DCA 2000)