TYRONE M. DEVLIN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the judgment and sentences but remanded for correction of scrivener's errors in the written judgment and sentence for count 2.
The defendant was convicted of burglary and misdemeanor petit theft. The written judgment incorrectly stated a conviction for grand theft, and the wri…
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Tyrone Devlin, Jr., appeals his judgment and sentences following the jury’s return of guilty verdicts for burglary (count 1) and petit theft (count 2). We have jurisdiction. See Fla. R. App. P. 9.140(b)(1)(A), (F). We affirm Mr. Devlin’s judgment and sentences but remand for correction of several scrivener’s errors pertaining to count 2.
Despite being found guilty on count 2 of the lesser included offense of misdemeanor petit theft, the judgment incorrectly reflects that Mr. Devlin was convicted in count 2 of the charged offense of grand theft, a third-degree felony. See Samudio v. State, 460 So.2d 418, 419 (Fla. 2d DCA 1984) (“[T]he court’s judgment must conform to the jury’s verdict.” (citing Hicks v. State, 411 So.2d 1025 (Fla. 2d DCA 1982))). Further, although the sentencing transcript reflects that the trial court imposed a time-served disposition on count 2, the written sentence indicates that he received a ten-year prison term. See §§ 775.082(4)(a) (authorizing a term of imprisonment not exceeding one year for a first-degree misdemeanor); 812.014(2)(e), Fla. Stat. (2015). Consequently, remand is required to ensure that the written sentence comports with the trial court’s oral pronouncement. See Rivera v. State, 117 So.3d 449, 449 (Fla. 2d DCA 2013) (“Because the written sentences do not comport with the trial court’s oral pronouncement, we must remand for correction of the written sentences to reflect the oral pronouncement.”).
Because correction of these scrivener’s errors is a ministerial act, Mr. Dev-lin’s presence is not required. See Wolcoff v. State, 197 So.3d 111, 112 (Fla. 1st DCA 2016).
Affirmed; remanded to correct scrivener’s errors.
NORTHCUTT and KELLY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Carrion v. State (Fla. 2d DCA 2021)…ised their jurisdiction to include remanding with directions that the trial court correct a scrivener's error in a judgment; however, it is unclear from those cases whether a rule 3.800(b) motion had been filed below. See, e.g., Devlin v. State, 224 So. 3d 803, 804 (Fla. 2d DCA 2017) (remanding for trial court to correct scrivener's error in judgment that incorrectly reflected the defendant was convicted of the wrong offense without mention of whether a rule 3.800(b) motion was filed); Willingham v. St…
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Pittman v. State, 44 Fla. L. Weekly D974 (Fla. 2d DCA 2020)…crivener's error refers to a mistake in the written sentence that is at variance with the oral pronouncement of sentence." (quoting Amendments to Fla. Rules of Criminal Procedure 3.111(e) & 3.800, 761 So. 2d 1015, 1023 (Fla. 2000)); Devlin v. State, 224 So. 3d 803, 804 (Fla. 2d DCA 2017) (affirming Devlin's convictions and sentences but remanding for correction of a scrivener's error when the oral pronouncement of sentence was for time served but the written sentencing documents reflected a ten-year prison se…
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Welch v. State, 45 Fla. L. Weekly D520 (Fla. 2d DCA 2020)…r trial court to enter corrected order that includes a violation orally pronounced but not listed in the written order); see also Butler v. State, 450 So. 2d 1283, 1285 (Fla. 2d DCA 1984) (same). Mr. Welch need not be present. See Devlin v. State, 224 So. 3d 803, 804 (Fla. 2d DCA 2017) ("Because correction of these scrivener's errors is a ministerial act, Mr. Devlin's presence is not required."). - 3 - Affirmed; remanded for correction of scrivener's error. NORTHCUTT and SMITH, JJ., Concur.…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alton Jamal Rivera v. State, 117 So. 3d 449 (Fla. 2d DCA 2013)
- Hicks v. State, 411 So. 2d 1025 (Fla. 2d DCA 1982)
- Nester Samudio v. State, 460 So. 2d 418 (Fla. 2d DCA 1984)
- Wolcoff v. State, 197 So. 3d 111 (Fla. 1st DCA 2016)