PATRICK SWEENEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed denial of motion to correct illegal sentence under Rule 3.800(a) because the error was a scrivener's mistake rather than an illegal sentence, but remanded with directions to correct the statutory citation from section 775.0823 to section 775.0825.
A scrivener's error in the statutory citation in a sentence is not an illegal sentence subject to correction under Rule 3.800(a), but the trial court must correct such clerical errors on remand.
[1] A scrivener's error in the statutory citation contained in a sentence is not an illegal sentence subject to correction under Florida Rule of Criminal Procedure 3.800(a),…
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Join FLexlaw to unlock all legal intelligenceAppellant Sweeney's written sentence cited section 775.0823, Florida Statutes (1991), when the correct statute was section 775.0825. The trial court h…
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Appellant Patrick Sweeney appeals a trial court order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), which did not correct an apparent scrivener’s error. The record demonstrated a scrivener’s error in the citation to section 775.0823, Florida Statutes (1991), in appellant’s written sentence, when the correct statute was section 775.0825. The State’s response filed in the trial court conceded that the court should correct the statute number on appellant’s sentence. The trial court previously amended the judgment of conviction to reflect the correct statutory citation, but did not amend the sentence to correct the error.
Insofar as this is an instance of a scrivener’s error in appellant’s sentence, rather than a judicial determination or error, we affirm the trial court’s order denying the motion to correct illegal sentence. See Betts v. State, 128 So.3d 158 (Fla. 2d DCA 2013). However, we also remand with directions that the error be corrected in appellant’s sentence. Appellant’s presence is not required for this correction. Williams v. State, 697 So.2d 584 (Fla. 4th DCA 1997).
Affirm; remand to correct scrivener’s error in appellant’s sentencing.
TAYLOR, LEVINE and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kevon Obas v. State, 238 So. 3d 853 (Fla. 4th DCA 2018)
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Lucas v. State, 247 So. 3d 23 (Fla. 4th DCA 2018)…We affirm the order denying appellant’s motion to correct illegal sentence but remand with directions that the scrivener’s error be corrected in the disposition order. Appellant’s presence is not required for this correction. See Sweeney v. State, 138 So. 3d 1095 (Fla. 4th DCA 2014). Affirmed; remanded to correct scrivener’s error in appellant’s sentencing. GERBER, C.J., DAMOORGIAN and KUNTZ, JJ., concur.…
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Brown v. State, 256 So. 3d 901 (Fla. 4th DCA 2018)…nd 2 sentences, but remand with instructions for the trial court to correct the violation dates. See Obas v. State, 238 So. 3d 853, 854 (Fla. 4th DCA 2018); Ali v. State, 215 So. 3d 1250, 1251 (Fla. 4th DCA 2017); see also Sweeney v. State, 138 So. 3d 1095, 1095 (Fla. 4th DCA 2014) (remanding for trial court to correct statute number on appellant’s sentence). Brown’s presence is not required for this ministerial action. See Obas, 238 So. 3d at 854. Affirmed, but remanded for correction of scriv…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 697 So. 2d 584 (Fla. 4th DCA 1997)
- Frank v. State, 697 So. 2d 584 (Fla. 4th DCA 1997)
- Betts v. State, 128 So. 3d 158 (Fla. 2d DCA 2013)