KEITH PENN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed conviction with remand to correct scrivener's error on scoresheet and community control order that incorrectly indicated plea instead of jury verdict.
A scrivener's error on a sentencing scoresheet and community control order that incorrectly reflects the manner of disposition must be corrected on remand.
[1] A scrivener's error on a sentencing scoresheet that incorrectly indicates a plea disposition instead of jury trial verdict is correctable on remand without affecting the…
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Join FLexlaw to unlock all legal intelligenceAppellant was found guilty by jury verdict, but his scoresheet and order of community control incorrectly indicated that the charges were resolved by …
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Upon review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no error with Appellant’s judgment or sentence,, and affirm. We write only to correct a.scrivener’s error on Appellant’s scoresheet and order of community control. See Ashley v. State, 850 So.2d 1265, 1268 n. 3. (Fla.2003) *259(defining a scrivener’s error as á written clerical • error that is not “the result of a judicial determination or-error”). Appellant was found guilty by jury verdict, but his scoresheet and order of community control incorrectly indicate that the charges were resolved by plea. On remand, the trial court shall correct this error. See Carter v. State, 173 So.3d 1048, 1051 (Fla. 1st DCA 2015) (affirming judgment but remanding for correction of scrivener’s error where scoresheet incorrectly indicated plea instead of trial); Drayton v. State, 89 So.3d 287, 287-88 (Fla. 1st DCA 2012) (mem.) (instructing lower court to correct documents indicating plea, where a jury found appellant guilty); Herrin v. State, 51 So.3d 1207, 1208 (Fla. 1st DCA 2011) (remanding .for correction of scrivener’s error in manner of disposition).
Judgment AFFIRMED and cause REMANDED for correction of scrivener’s error.
LEWIS, OSTERHAUS, and KELSEY, JJ., concur.
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Citator
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Zaheer ALI v. State, 215 So. 3d 1250 (Fla. 4th DCA 2017)…erroneously listed only “aggravated stalking,” as it should have also listed “criminal mischief.” Accordingly, we also remand the order revoking community control to the trial court to be corrected to include “criminal mischief.” See Penn v. State, 190 So. 3d 258, 259 (Fla. 1st DCA 2016) (affirming conviction and sentence, but remanding to correct scrivener’s error on order of community control). Additionally, appellant claims he was not given the appropriate amount of jail credit for time already served. H…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Carter v. State, 173 So. 3d 1048 (Fla. 1st DCA 2015)
- Drayton v. State, 89 So. 3d 287 (Fla. 1st DCA 2012)
- Herrin v. State, 51 So. 3d 1207 (Fla. 1st DCA 2011)