ALFONSO ALZAMORA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2016-03-11
No. 5D15-4136
PALMER, ORFINGER and EVANDER, JJ., concur.
186 So. 3d 1124 Florida District Court of Appeal, Fifth District (2016)

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Holding

The court held that the trial court's denial of the motion to correct an illegal sentence was proper, but the case must be remanded for correction of scrivener's errors.


Facts & Procedural History

Alzamora appealed the denial of his motion to correct an illegal sentence, pointing out discrepancies in his corrected judgment and sentence regarding…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Alfonso Alzamora appeals the trial court’s denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm, but remand for the correction of scrivener’s errors.

Alzamora’s corrected judgment lists count 1 as “First Degree Murder,” but, as his original judgment reflects, Alzamora was convicted of attempted first-degree murder of a law enforcement officer. Additionally, Alzamora’s corrected sentence as to count 1 indicates that he has been convicted of a capital felony, and provides that he is serving a twenty-five-year minimum mandatory term, pursuant to section 775.082(1), Florida Statutes (1991). However, Alzamora was not convicted of a capital felony, but, rather, a life felony, and his minimum mandatory sentence was imposed pursuant to section 775.0825.1

AFFIRMED and REMANDED for correction of scrivener’s errors.

PALMER, ORFINGER and EVANDER, JJ., concur.


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