JOSEPH RAYMOND FOLEY
v.
STATE OF FLORIDA
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A judgment containing a scrivener's error regarding the method of conviction must be remanded for correction, but the conviction and sentence are otherwise affirmed.
[1] A scrivener's error in a judgment reciting the method of conviction may be corrected on remand without affecting the validity of the underlying conviction and sentence.
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Join FLexlaw to unlock all legal intelligenceAppellant Joseph Raymond Foley was convicted and sentenced in Citrus County Circuit Court. The judgment recited that the conviction occurred after tri…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
JOSEPH RAYMOND FOLEY,
Appellant,
v. Case No. 5D17-4064
STATE OF FLORIDA,
Appellee.
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Opinion filed November 30, 2018 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. Matthew R. McLain, of McLain Law, P.A., Longwood, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Because the judgment recites that Appellant was convicted after a plea, rather than after trial, we remand for correction of this scrivener’s error. We otherwise affirm, without discussion, Appellant’s judgment and sentence. AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER’S ERROR. EVANDER, BERGER and GROSSHANS, JJ., concur.