EXCER LOPEZ CHAVEZ
v.
STATE OF FLORIDA
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A conviction for lewd or lascivious battery is affirmed where the appellant has not demonstrated harmful error, but the judgment must be corrected on remand to reflect jury trial, correct statutory citation, and record the not guilty verdict.
[1] A judgment of conviction must be amended on remand to reflect that the defendant was tried by jury, to correct the statutory citation to the applicable statute, and to re…
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“If the defendant is found not guilty, a judgment of not guilty must be rendered in open court and in writing, signed by a judge, filed, and recorded.”
Citation to Fla. R. Crim. P. 3.670(a) regarding the requirement to record not guilty verdicts.
Excer Lopez Chavez was convicted by jury of lewd or lascivious battery and found not guilty on a second count. The written judgment contained minister…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2023-1859 Lower Tribunal No. 2022CF001218XXXAXX _____________________________
EXCER LOPEZ CHAVEZ, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________
Appeal from the Circuit Court for Osceola County. Mikaela Nix-Walker, Judge.
August 9, 2024
PER CURIAM.
Excer Lopez Chavez appeals his conviction for lewd or lascivious battery imposed after jury trial. Concluding that Chavez has not shown harmful error regarding his conviction, we affirm. We do, however, agree with Chavez that ministerial errors appear on the face of the judgment that should be corrected. Accordingly, on remand, the trial court is directed to amend the written judgment to include that Chavez was tried by a jury and to correct the statutory citation to show that Chavez was convicted of violating
2
section 800.04(4)(a)1., Florida Statutes. Lastly, as Chavez was found not guilty on a second count, the judgment of not guilty should be recorded. See Fla. R. Crim. P. 3.670(a) (“If the defendant is found not guilty, a judgment of not guilty must be rendered in open court and in writing, signed by a judge, filed, and recorded.”). Chavez’s presence is not required when the judgment is corrected as indicated. AFFIRMED; REMANDED for ministerial corrections to the judgment.
STARGEL and SMITH, JJ., and LAMBERT, B.D., Associate Judge, concur.
Howard L. “Rex” Dimmig, II, Public Defender, and Terrence E. Kehoe, Special Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.