TIMOTHY MALONE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2017-07-26
No. 3D16-1358
Before ROTHENBERG, C.J., and SALTER and EMAS, JJ.
225 So. 3d 335 Florida District Court of Appeal, Third District (2017) Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant, Timothy Malone, appeals his convictions for burglary of an unoccupied dwelling and petit theft. We affirm, but remand for correction of the judgment to reflect that the conviction for petit theft is a second-degree misdemeanor, not a second-degree felony. As counsel for the defendant candidly admits that the error was a scrivener’s error, not judicial error, which when corrected will not affect the defendant’s sentence (which was credit for time served), the judgment may be corrected without conducting a new sentencing hearing.

Affirmed, with instructions.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Dalkeith v. State, 263 So. 3d 243 (Fla. 3d DCA 2019)
    …for the parties candidly admit that the error was a scrivener’s error, not judicial error, which when corrected will not affect the defendant’s sentence, the judgment may be corrected without conducting a new sentencing hearing. Malone v. State, 225 So. 3d 335, 335 (Fla. 3d DCA 2017). Affirmed and remanded with instructions.…
  • C.Y. v. State, 263 So. 3d 239 (Fla. 3d DCA 2019)
  • Broughton v. State (Fla. 3d DCA 2020)
    …[establish the imposition of a habitual offender sentence was illegal] under rule 3.800(a) where he fails to affirmatively allege that the predicate prior convictions do not exist as a matter of law.”) (citations omitted); see also Malone v. State, 225 So. 3d 335 (Fla. 3d DCA 2017) (As “the error was a scrivener’s error, not judicial error, which when corrected will not affect the defendant’s sentence . . . , the judgment may be corrected without conducting a new sentencing hearing.”); Rolling v. State, 215…

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