TREVON L. JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the written judgment contained a scrivener's error by misclassifying the felony degree, but affirmed the conviction and sentence in all other respects.
The defendant appealed his conviction for attempted burglary of an occupied dwelling. Both parties agreed the written judgment incorrectly identified …
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Trevon L. Jackson appeals his conviction and sentence for attempted burglary of an occupied dwelling in violation of sections 810.02(1) and (3)(a) and section 777.04, Florida Statutes (2013). Both the State and Mr. Jackson agree that the written judgment improperly identifies the attempted burglary of an occupied dwelling as a second-degree felony, rather than a third-degree felony. Accordingly, we remand with instructions for the trial court to correct that scrivener’s error in the written judgment. We affirm Mr. Jackson’s conviction and sentence in all other respects.
The information and the Criminal Punishment Code scoresheet correctly classified attempted burglary of an occupied dwelling as a third-degree felony. The judgment, however, erroneously lists the attempted burglary of an occupied dwelling as a second-degree felony. Mr. Jackson does not claim that this error affected the execution of his sentence. The State laudably notes that there is no indication in the record that anyone operated under a mistaken notion that Mr. Jackson’s crime was a second-degree felony. As such, this error was simply a scrivener’s error that can be corrected by the trial court upon'remand. See King v. State, 177 So.3d 4, 7 (Fla. 2d DCA 2015) (remanding for correction of scrivener’s error that incorrectly listed a second-degree murder conviction as a first-degree murder conviction on the written judgment).
Although we affirm Mr. Jackson’s sentence and conviction, we remand for the trial court to correct the written judgment to reflect that the attempted burglary of an occupied dwelling conviction is a third-degree felony.
Affirmed; remanded with instruction to correct scrivener’s error.
VILLANTI, C.J., and WALLACE, J., Concur.
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Morgan v. State, 228 So. 3d 681 (Fla. 2d DCA 2017)…ly identifies the criminal mischief as a first-degree misdemeanor, rather than a second-degree misdemeanor. Accordingly, we remand with instructions for the trial court to correct that scrivener’s error in the written judgment. See Jackson v. State, 192 So. 3d 649 (Fla. 2d DCA 2016); Riley v. State, 622 So. 2d 94 (Fla. 2d DCA 1993); Culbertson v. State, 547 So. 2d 725 (Fla. 2d DCA 1989). We affirm Mr. Morgan’s convictions and sentences in all other respects. Affirmed; remanded with instruction to correct sc…
Authorities Cited
- King v. State, 177 So. 3d 4 (Fla. 2d DCA 2015)