JOHN C. WINGO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed defendant's convictions and sentences for forty counts of possession of child pornography but remanded to correct scrivener's errors in the written judgment that mischaracterized the felony degree of the charges.
The court affirmed the convictions and sentences but remanded to correct the written judgment to accurately reflect that all charges were second-degree felonies under sections 827.071(5)(a) and 775.0847(2) and (3), not alternating third-degree and second-degree felonies as the judgment incorrectly stated.
[1] A scrivener's error in a written judgment that mischaracterizes the felony degree of charges, when the record clearly reflects the correct degree, is subject to correctio…
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Join FLexlaw to unlock all legal intelligenceJohn Wingo pleaded guilty to forty counts of possession of child pornography involving ten or more images. The written judgment contained a chart list…
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John Wingo challenges the fifteen-year concurrent sentences he received following his plea of guilty to forty counts of possession of child pornography, all of which are second-degree felonies pursuant to sections 827.071(5)(a) and 775.0847(2) and (3), Florida Statutes (2012), when the possession of ten or more images is involved. We affirm his convictions and sentences without further comment, and we write only to correct the scrivener’s errors apparent on the face of the written judgment. This judgment includes a' chart listing the forty counts to which Wingo pleaded and the seventy similar counts that were “nolle prossed” by the State as part of the plea agreement. Beginning with count one, the chart in the written judgment incorrectly indicates that every other count of the information was charged as a third-degree felony under section 827.071(5)(a), without the additional reclassification of the offense to a second-degree felony pursuant to section 775.0847(2) and (3). The information, the plea form, and the transcript of the plea hearing reflect that Wingo was charged with and entered pleas exclusively to second-degree felonies. Accordingly, we remand for the correction of the written judgment to accurately reflect that each listed charge and conviction is for a second-degree felony under sections 827.071(5)(a) and 775.0847(2) and (3). See McMullen v. State, 145 So.3d 951, 951-52 (Fla. 2d DCA 2014).
Affirmed; remanded with instructions.
LaROSE and BLACK, JJ., Concur.
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Citator
Cited By
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Walsh v. State, 198 So. 3d 783 (Fla. 2d DCA 2016)…of the law.” Cotto, 139 So. 3d at 289 (quoting § 775.082(9)(d)(l), Fla. Stat. (2002), contrasting HFO statute’s legislative intent to increase the maximum allowable sentence). . An example of the low end of this sentencing range is Wingo v. State, 162 So. 3d 1141 (Fla. 2d DCA 2015), where we affirmed the trial court’s sentence of only fifteen years, composed of forty concurrent fifteen-year sentences, for possession of child pornography (10 or more images). It was Wingo's first offense, he was sixty-six year…
Authorities Cited
- Whited v. Fla. Comm'n on Offender Review, 145 So. 3d 951 (Fla. 1st DCA 2014)
- McMULLEN v. State, 145 So. 3d 951 (Fla. 2d DCA 2014)