JEFFREY SCOTT LINTON
v.
STATE OF FLORIDA
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.
A judgment containing a scrivener's error in the statutory classification of a felony conviction must be remanded for correction even when the substantive sentence is affirmed.
[1] A scrivener's error in a written judgment that mischaracterizes the statutory classification of a felony conviction warrants remand for correction even when the underlyin…
Previewing 1 of 1 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 incorrectly lists the appellant's conviction for aggravated child abuse as a first-degree felony punishable by life, instead of a first-degree felony.”
Court's explanation of the scrivener's error requiring remand
Jeffrey Scott Linton was convicted of aggravated child abuse. The written judgment incorrectly described this first-degree felony as one punishable by…
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 Felony Degree Classification cases and more on FLexlaw
April 20, 2018 PER CURIAM.
We affirm the appellant's judgment and sentence, but remand for correction of a scrivener's error contained in the written judgment and sentence. See Diaz v. State, 910 So. 2d 894 (Fla. 1st DCA 2005) (remanding for correction of scrivener's error in the judgment). The written judgment incorrectly lists the appellant’s conviction for aggravated child abuse as a first-degree felony punishable by life, instead of a first-degree felony. See § 827.03(2)(a), Fla. Stat. (2015).
AFFIRMED and REMANDED with instructions. B.L. THOMAS, C.J., and LEWIS and MAKAR, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.