DAVID ALEXANDER CLARKE ROSEN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-05-31
No. 18-2974
Harris, J., Lambert, J., Edwards, J., Harris, Judge
14 Fla. L. Weekly 2399 Florida District Court of Appeal, Fifth District (2019) Positive Treatment
Also reported at: 1989 Fla. App. LEXIS 5698 · 1989 WL 118934 · 272 So. 3d 875
Cited by 2 cases

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Holding

A judgment containing a scrivener's error citing the wrong statutory subsection for the underlying offense must be remanded for correction.

Headnotes

[1] A judgment containing a scrivener's error that cites an incorrect statutory subsection for the underlying offense must be remanded for correction to reflect the proper st…

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Facts & Procedural History

Rosen was convicted of burglary of a dwelling with assault or battery, a first-degree felony. The judgment and revocation order incorrectly cited sect…

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Topics
Burglary Of A Dwelling With An Assault Or Battery Felony Classification Breach Of Oral Contract Burglary Of A Dwelling

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Opinion of the Court
Harris

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

DAVID ALEXANDER CLARKE ROSEN,

Appellant,

v. Case No. 5D18-2974

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed May 31, 2019

Appeal from the Circuit Court for Orange County, Jenifer M. Harris, Judge.

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

David Alexander Clarke Rosen challenges his judgment and sentence for burglary of a dwelling with an assault or battery. We affirm in all respects except for the written judgment, which we remand for correction of a scrivener’s error. The judgment and order of revocation cites to section 810.02(4), Florida Statutes (2018). That subsection covers

AFFIRMED; remanded to correct scrivener’s error

LAMBERT and EDWARDS, JJ., concur.

Footnotes
2 burglary as a third-degree felony, wherein the perpetrator enters an unoccupied structure or conveyance, does not become armed, and does not commit any assault or battery. The crime underlying the community control and probation proceedings in the instant case is burglary as a first-degree felony punishable by life, because Rosen entered a dwelling and battered the occupant. Accordingly, we remand with directions that this scrivener’s error be corrected so that the judgment accurately reflects section 810.02(2)(a) as the underlying offense. Thomas v. State, 174 So. 3d 599, 600 (Fla. 5th DCA 2015) (case remanded to correct judgment containing a scrivener’s error).

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