ZAHEER ALI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Zaheer Ali appealed his probation revocation sentence, challenging the form of the final judgment. The Florida Fourth District Court of Appeal reversed and remanded, finding scrivener's errors in the judgment that failed to list the original offenses for which Ali was placed on probation, rather than the new offenses for which he was arrested.
The court reversed and remanded for correction of scrivener's errors in both the final judgment and the community control revocation order. The court affirmed the sentence regarding jail credit issues but permitted Ali to file a post-conviction relief motion under Florida Rule of Criminal Procedure 3.801 within thirty days of the mandate, as he had not properly preserved the issue for direct appeal.
[1] A scrivener's error in a final judgment, such as listing incorrect offenses, may be corrected on remand.
[2] A defendant need not be present for the trial court to correct a scrivener's error in a final judgment.
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Join FLexlaw to unlock all legal intelligence“The judgment entered by the court, which imposed a ten-year prison sentence, contained the correct underlying case number and indicated it was for a probation violation. However, the judgment listed the new offenses for which appellant was arrested, instead of the original offenses for which he was originally placed on probation.”
Identifies the specific scrivener's error in the judgment that required correction
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Join FLexlaw to unlock all legal intelligenceAli previously pled guilty to aggravated stalking and criminal mischief and was placed on probation with community control. He was later charged with …
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Appellant, Zaheer Ali, previously pled guilty to aggravated stalking and criminal mischief, and was placed on probation that included community control. He was later charged with violating his probation by committing false imprisonment and domestic battery by strangulation. As a result of the State’s concession of error on issues relating to the form of the final judgment, we reverse.
The State concedes that the final judgment entered by the court erroneously failed to reflect the offenses for which appellant was found to have violated his probation, but contends that it was merely a scrivener’s error that should be corrected on remand. The judgment entered by the court, which imposed a ten-year prison sentence, contained the correct underlying case number and indicated it was for a probation violation. However, the judgment listed the new offenses for which appellant was arrested, instead of the original offenses for which he was originally placed on probation.
Thus, we remand for the court to correct the scrivener’s error on the final judgment so that it reflects the offenses for which appellant violated probation. See Widel v. State, 120 So.3d 68, 69 (Fla. 4th DCA 2013) (case remanded to correct scrivener’s error where sentencing disposition order listed the wrong offense for which the defendant was convicted); Sirota v. State, 977 So.2d 700, 701 (Fla. 4th DCA 2008) (case remanded to correct judgment containing a scrivener’s error); Newson v. State, 867 So.2d 603, 603 (Fla. 2d DCA 2004) (written judgment remanded for correction of a scrivener’s error). Appellant need not be present for the trial court to make this correction. Thomas v. State, 174 So.3d 599, 600 (Fla. 5th DCA 2015); Sirota, 977 So.2d at 701.
The State also concedes that the order revoking community control 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. However, he failed to preserve this issue for review on direct appeal. See Georges v. State, 199 So.3d 971, 973 (Fla. 4th DCA 2016) (holding that all jail credit issues must be handled pursuant to Florida Rule of Criminal Procedure 3.801), rev. denied, No. SC16-1473, 2016 WL 6723772 (Fla. Nov. 15, 2016). Rule 3.801(b) requires a motion under the rule to be filed no later than one year after a sentence becomes final. Here, while the sentence was entered on February 11, 2016, “[a] criminal proceeding is concluded when, inter alia, the mandate issues from the appellate court on a direct appeal of a defendant’s judgment and sentence.” Davis v. State, 198 So.3d 1070, 1072 (Fla. 5th DCA 2016). We therefore affirm appellant’s sentence without prejudice to file a motion for post-conviction relief pursuant to rule 3.801 within thirty days of the issuance of this court’s mandate. See Georges, 199 So.3d at 973. We affirm as to all other issues raised on this appeal without further comment.
Reversed and Remanded ivith instructions.
Taylor and Gerber, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kevon Obas v. State, 238 So. 3d 853 (Fla. 4th DCA 2018)…the victim in Count I. The record reflects both errors in the written judgment. Accordingly, we affirm appellant’s convictions and sentences but remand with instructions for the trial court to correct the two scrivener’s errors. See Ali v. State, 215 So. 3d 1250, 1251 (Fla. 4th DCA 2017) (remanding for trial court to correct scrivener’s error on the final judgment to reflect the offenses for which appellant violated probation); Sweeney v. State, 138 So. 3d 1095, 1095 (Fla. 4th DCA 2014) (remanding for tria…
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Brown v. State, 256 So. 3d 901 (Fla. 4th DCA 2018)…ed in the amended order. Accordingly, we affirm Brown’s convictions and 2 sentences, but remand with instructions for the trial court to correct the violation dates. See Obas v. State, 238 So. 3d 853, 854 (Fla. 4th DCA 2018); Ali v. State, 215 So. 3d 1250, 1251 (Fla. 4th DCA 2017); see also Sweeney v. State, 138 So. 3d 1095, 1095 (Fla. 4th DCA 2014) (remanding for trial court to correct statute number on appellant’s sentence). Brown’s presence is not required for this ministerial action. See Obas,…
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Addarryll Dorsey JR. v. State, 265 So. 3d 639 (Fla. 4th DCA 2019)…olation. We therefore remand the case for the correction of these scrivener’s errors where the written revocation orders list incorrect information about the violations in case numbers 12CF13654, 13CF0050, 13CF5437, and 13CF5879. See Ali v. State, 215 So. 3d 1250, 1251 (Fla. 4th DCA 2017). Affirmed and Remanded to correct scrivener’s errors in revocation orders. CONNER and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Newson v. State, 867 So. 2d 603 (Fla. 2d DCA 2004)
- Thompson v. State, 867 So. 2d 603 (Fla. 1st DCA 2004)
- Reyneldon J. Davis v. State, 198 So. 3d 1070 (Fla. 5th DCA 2016)
- Major Battle Mills v. State, 977 So. 2d 700 (Fla. 5th DCA 2008)
- Nigel Thomas, Jr. v. State, 174 So. 3d 599 (Fla. 5th DCA 2015)
- Kinchen v. McNEIL, 977 So. 2d 700 (Fla. 1st DCA 2008)
- Widel v. State, 120 So. 3d 68 (Fla. 4th DCA 2013)
- Penn v. State, 190 So. 3d 258 (Fla. 1st DCA 2016)
- Georges v. State, 199 So. 3d 971 (Fla. 4th DCA 2016)
- Donovan McFARLIN v. State, 120 So. 3d 68 (Fla. 4th DCA 2013)