HENRY ENRIQUE COLLAZO
v.
STATE OF FLORIDA
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The conviction is affirmed, but the judgment and sentence must be corrected to reflect that the count two conviction was vacated at sentencing.
[1] A scrivener's error in a judgment and sentence that fails to reflect a trial court's action vacating a conviction at sentencing may be corrected on remand.
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Join FLexlaw to unlock all legal intelligenceHenry Enrique Collazo was convicted in Hernando County Circuit Court. At sentencing, the trial court vacated the conviction for count two.…
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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
HENRY ENRIQUE COLLAZO,
Appellant,
v. Case No. 5D18-1799
STATE OF FLORIDA,
Appellee.
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Opinion filed February 22, 2019 Appeal from the Circuit Court for Hernando County, Stephen E. Toner, Jr., Judge. James S. Purdy, Public Defender, and George D. E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm Appellant’s conviction, but remand to the circuit court to correct a scrivener’s error in the judgment and sentence, which should reflect that Appellant’s conviction for count two was vacated at sentencing. AFFIRMED. ORFINGER, LAMBERT, and GROSSHANS, JJ., concur.