ANDRES RODRIGUEZ-AGUILAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Rodriguez-Aguilar appealed his conviction for felon in possession of a firearm and ten-year sentence with three-year minimum mandatory term. The appellate court reversed and remanded due to a scrivener's error in the written judgment, which incorrectly listed three counts and showed convictions for two counts when only one count was tried.
The appellate court reversed the judgment as to the improper conviction for count II and remanded for correction. The trial court need not resentence but must enter a proper judgment reflecting only count I conviction and must confirm the accuracy of the imposed costs.
[1] A written judgment containing descriptions of counts not charged in the information, and erroneously showing convictions for multiple counts when only one was tried and f…
[2] A trial court need not resentence a defendant when the written judgment is corrected to reflect only the conviction for the count on which the defendant was found guilty.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The -written judgment oddly contains descriptions of three counts rather than one. It has a line drawn through a third count, which is an additional count for felon in possession of a firearm that was not charged in the information. The written judgment erroneously shows convictions for both counts I and II of the information.”
Identifies the specific scrivener's errors in the written judgment that necessitated reversal and remand.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn December 2013, police observed Rodriguez-Aguilar enter and briefly operate a stolen vehicle. Upon arrest, officers discovered a loaded firearm in h…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Minimum Mandatory Term cases and more on FLexlaw
Andres Rodriguez-Aguilar appeals his judgment for felon in possession of a firearm and the resulting sentence of ten years’ imprisonment with a three-year minimum mandatory term. This is a companion case to Rodriguez-Aguilar v. State, No. 2D14-1719, 2016 WL 886225 (Fla. 2d DCA Mar. 9, 2016), which addresses a sentence on violation of probation as a result of this same conduct. In this appeal, Mr. Rodriguez-Aguilar’s attorney has filed an Anders1 brief. We reverse and remand for the correction of a scrivener’s error in the written judgment.
In December 2013, police observed Mr. Rodriguez-Aguilar enter and briefly operate a vehicle that had been reported stolen. A police officer arrested Mr. Rodriguez-Aguilar and discovered a loaded firearm in his pants pocket during a search incident to the arrest. The State filed a two-count information against Mr. Rodriguez-Aguilar, charging felon in possession of a firearm as count I, see § 790.23(1), Fla. Stat. (2013), and carrying a concealed firearm as count II, see § 790.01(2). By agreement, the two counts were severed and the State tried count I first. Following a guilty verdict on that count, the State announced a nolle prosequi of count II. The trial court orally sentenced Mr. Rodriguez-Aguilar on count I to ten years in prison with a three-year minimum mandatory term, to run consecutively to the term of imprisonment the court had already imposed for the violation of probation in case number 2D14-1719.
*833The -written judgment oddly contains descriptions of three counts rather than one. It has a line drawn through a third count, which is an additional count for felon in possession of a firearm that was not charged in the information. The written judgment erroneously shows convictions for both counts I and II of the information. We reverse this judgment as to the improper conviction for count II. On remand, the trial court shall enter a proper judgment. The written sentence was a correct sentence; it was limited to count I. The trial court does not need to resentence the defendant on remand. Finally, we cannot determine from the record whether the mandated change in the judgment will affect the cost judgment. On remand, the trial court shall confirm the accuracy of the imposed costs.
Affirmed in part, reversed in part, and remanded.
NORTHCUTT and CRENSHAW, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Rodriguez-Aguilar v. State, 198 So. 3d 792 (Fla. 2d DCA 2016)…heet at the time reflected one prior felony, which involved uttering a forged instrument, and his total score was seven points. The trial court entered an order of probation. As explained in our opinion in Rodriguez-Aguilar v. State, No. 2D14-2793, 198 So. 3d 832, 2016 WL 899224 (Fla. 2d DCA Mar. 9, 2016), in December 2013, Mr. Rodriguez-Aguilar' was arrested after police observed him enter and briefly operate a motor vehicle that had been reported sto [*794] len. An officer ,who searched him incident to the…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)