JOSE ENRIQUE GONZALEZ
v.
STATE OF FLORIDA
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Jose Enrique Gonzalez appeals his convictions for first-degree murder and sexual battery, challenging the amended judgment for failing to indicate that he was found guilty by jury. The State concedes the error is a scrivener's mistake. The appellate court affirms the convictions and sentences but remands for correction of the judgment document.
The amended judgment contains a scrivener's error that must be corrected to reflect that Gonzalez was found guilty by a jury. The convictions and concurrent life sentences are affirmed in all other respects, and the case is remanded with directions for the trial court to correct the scrivener's error in the judgment document.
[1] An omission in a judgment that fails to indicate the defendant was convicted by jury is a scrivener's error requiring correction by remand to the trial court, not a subst…
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Join FLexlaw to unlock all legal intelligence“not the result of a judicial determination, but rather a scrivener's error in the preparation of the written document”
Court citing Newson v. State in explaining that remand is appropriate to correct errors that are merely clerical rather than substantive
Gonzalez was convicted by jury of first-degree murder and sexual battery with actual physical force likely to cause serious personal injury, resulting…
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BADALAMENTI, Judge.
Jose Enrique Gonzalez appeals his jury convictions and concurrent life sentences for first-degree murder and sexual battery with actual physical force likely to cause serious personal injury. Gonzalez argues that the July 11, 2018, amended judgment does not indicate that Gonzalez was found guilty by a jury. The State concedes this scrivener's error.1 Accordingly, we remand with directions that the trial court correct the scrivener's error contained in the amended judgment to reflect that Gonzalez was found guilty by a jury. See Newson v. State, 867 So. 2d 603, 603 (Fla. 2d DCA 2004) (affirming judgment and sentence but remanding with directions that an error in the judgment be corrected where the error was "not the result of a judicial determination, but rather a scrivener's error in the preparation of the written document");
Taylor v. State, 242 So. 3d 1203, 1204 (Fla. 5th DCA 2018) ("We also remand for the trial court to correct the scrivener's error in the judgment, which failed to indicate that Taylor was tried by a jury and found guilty."). We affirm Gonzalez's jury convictions and concurrent life sentences in all other respects.
Affirmed; remanded to correct scrivener's error. KHOUZAM, J., and CASE, JAMES R., ASSOCIATE SENIOR JUDGE, Concur. 1While this appeal was pending, Gonzalez filed a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2). The trial court granted that motion and ordered that the judgment be amended to comport with the court's oral pronouncement. That amended judgment, however, neglects to indicate that Gonzalez was convicted after a jury trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Newson v. State, 867 So. 2d 603 (Fla. 2d DCA 2004)
- Thompson v. State, 867 So. 2d 603 (Fla. 1st DCA 2004)
- Taylor v. State, 242 So. 3d 1203 (Fla. 5th DCA 2018)