WESLY DALMAS
v.
STATE OF FLORIDA
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Convictions and sentences are affirmed, but the case is remanded to correct scrivener's errors in the offense designation and the method of conviction.
[1] Scrivener's errors in a judgment and probation order may be corrected on remand pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) without the defendant's presenc…
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Join FLexlaw to unlock all legal intelligenceWesly Dalmas was convicted of multiple offenses including possession of a weapon by a convicted felon. The judgment and probation order contained scri…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-1066 Lower Tribunal No. 2023-CF-004434
WESLY DALMAS, Appellant, v. STATE OF FLORIDA, Appellee.
Appeal from the Circuit Court for Polk County. Mark F. Carpanini, Judge.
July 31, 2026
SMITH, J.
We affirm the convictions and sentences of Appellant, Wesley Dalmas. We remand for correction of the following scrivener's errors found on the face of the judgment and order of probation as raised in Appellant's motion to correct sentencing errors filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The offense designation for count three which presently states “possession of a weapon by a convicted felon" shall be corrected to state "possession of a weapon by a delinquent." Additionally, the order of probation which presently states that
Appellant was found guilty by "jury verdict" shall be corrected to state Appellant was found guilty by "guilty plea." Appellant need not be present for these corrections.
AFFIRMED and REMANDED with instructions.
TRAVER, C.J., and WHITE, J., concur.
Blair Allen, Public Defender, and Karen M. Kinney, Assistant Public Defender, Bartow, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Helene S. Parnes, Manager II Assistant Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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