VICTOR ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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We affirm the denial of the appellant’s postconviction motion brought pursuant to Florida Rule of Criminal Procedure 3.800(a). However, we remand for the correction of the judgment to reflect the proper classification of the appellant’s convictions of armed robbery as first-degree felonies punishable by life. See Muyico v. State, 50 So.3d 1227 (Fla. 4th DCA 2011) (denying a rule 3.800(a) motion raising a claim of the improper reclassification of robbery with a firearm to a life felony, but remanding for correction of the judgment to reflect that the offense was a first-degree felony punishable by life). Appellant need not be present for the correction of this error.
AFFIRMED but REMANDED to correct the written sentence in case number 1981-CF-5100 to reflect the classification of both offenses as first-degree felonies punishable by life.
THOMAS, MARSTILLER, and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cleveland Jermaine Golden, Jr. v. State (Fla. 1st DCA 2020)…PER CURIAM. We affirm and remand only for correction of the judgment to reflect that Appellant’s conviction for robbery with a firearm is a first-degree felony punishable by life rather than a life felony. See Robinson v. State, 133 So. 3d 1120 (Fla. 1st DCA 2014) (citing Muyico v. State, 50 So. 3d 1227 (Fla. 4th DCA 2011)). Appellant need not be present for the correction of this error. OSTERHAUS, JAY, and TANENBAUM, JJ., concur. _____________________________ Not final until dispositi…
Authorities Cited
- Funduro Muyico v. State, 50 So. 3d 1227 (Fla. 4th DCA 2011)
- Norris Brown v. State, 50 So. 3d 1227 (Fla. 4th DCA 2011)