RODNEY CRAIG MOUNTJOY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RODNEY CRAIG MOUNTJOY, APPELLANT,
STATE OF FLORIDA, APPELLEE
228 So. 3d 726
Florida District Court of Appeal, Fifth District (2017)
Positive Treatment
Cited by 3 cases
Opinion of the Court
■ ' We affirm the postconviction court’s denial of Appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. See Anderson v. State, 42 Fla. L. Weekly D1870 (Fla. 1st DCA Aug. 28, 2017). However, we note that the judgment and sentence contains a scrivener’s error. The judgment and sentence reflects that Appellant was charged and convicted of trafficking in 28 grams or more of oxy-codone, When he was actually charged and convicted of trafficking in 28 grams or more of hydrocodone. We therefore remand with directions that the court correct the judgment and sentence.
AFFIRMED; REMANDED to correct scrivener’s error.
ORFINGER, BERGER and ' LAMBERT, JJ,, concur.
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Saviory v. State, 348 So. 3d 1206 (Fla. 5th DCA 2022)
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Herrera v. State (Fla. 2d DCA 2019)…83 n.4 (Fla. 2d DCA 2017) (en banc) (reversing for resentencing in an appeal from an order denying relief under rule 3.800(a) and directing that the judgment be corrected on remand to correctly list the degree of the offenses); Mountjoy v. State, 228 So. 3d 726, 726 (Fla. 5th DCA 2017) (affirming an order denying relief under rule 3.800(a) but remanding to correct a scrivener's error in the judgment listing the wrong offense); Owens v. State, 86 So. 3d 1160, 1161 (Fla. 3d DCA 2012) (affirming denial of…
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Raysor v. State (Fla. 2d DCA 2019)