JOSE LUIS RAYA APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirms the convictions and sentences but remands for correction of a scrivener's error in the written sentencing order.
Jose Luis Raya appealed his convictions and sentences after pleading no contest to second degree murder and felonious possession of a firearm. His app…
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ON MOTION FOR REHEARING
By order we granted rehearing and withdrew our opinion in Raya v. State, 2014 WL 4988391 (Fla. 4th DCA 2014). Having now considered appellant’s pro se brief, we issue the following opinion.
Jose Luis Raya appeals the convictions and sentences imposed after he entered a plea of no contest to second degree murder and felonious possession of a firearm. After reviewing the record, we grant appellate counsel’s motion to withdraw filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and we affirm the conviction and sentences. We find no merit to the claim raised in appellant’s pro se initial brief.
Nevertheless, we remand for the correction of a scrivener’s error in the written sentencing order for count 2. At sentencing, the court orally pronounced that the sentence in count 2 would run concurrently with the sentence imposed in count 1. However, the written sentencing order indicates that count 2 “shall run Consecutive to/Concurrent” the sentence in count 1. On remand, the trial court is directed to correct the written sentencing order so that it is consistent with the oral pronouncement. See Simmons v. State, 106 So.3d 507 (Fla. 4th DCA 2013) (affirming and remanding for correction of a scrivener’s error in written judgment in an Anders appeal).
Affirmed and remanded with instructions.
DAMOORGIAN, CONNER and FORST, JJ., concur.
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Javin Anthony Oglesby v. State (Fla. 4th DCA 2020)…counts 2 and 4-11 and fifteen years each on counts 3 and 12-19. Based on the foregoing, we remand with directions to correct the written orders in case no. 562018CF001245A to conform with the court’s oral pronouncement. See, e.g., Raya v. State, 183 So. 3d 1120 (Fla. 4th DCA 2015) (affirming the convictions and sentences in an Anders appeal but remanding for correction of a scrivener’s error in the written sentencing order). The defendant need not be present for this ministerial action. Affirmed and rema…
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Javin Anthony Oglesby v. State (Fla. 4th DCA 2020)…counts 2 and 4-11 and fifteen years each on counts 3 and 12-19. Based on the foregoing, we remand with directions to correct the written orders in case no. 562018CF001245A to conform with the court’s oral pronouncement. See, e.g., Raya v. State, 183 So. 3d 1120 (Fla. 4th DCA 2015) (affirming the convictions and sentences in an Anders appeal but remanding for correction of a scrivener’s error in the written sentencing order). The defendant need not be present for this ministerial action. Affirmed and rema…
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Javin Anthony Oglesby v. State (Fla. 4th DCA 2020)…counts 2 and 4-11 and fifteen years each on counts 3 and 12-19. Based on the foregoing, we remand with directions to correct the written orders in case no. 562018CF001245A to conform with the court’s oral pronouncement. See, e.g., Raya v. State, 183 So. 3d 1120 (Fla. 4th DCA 2015) (affirming the convictions and sentences in an Anders appeal but remanding for correction of a scrivener’s error in the written sentencing order). The defendant need not be present for this ministerial action. Affirmed and rema…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Simmons v. State, 106 So. 3d 507 (Fla. 4th DCA 2013)