GULLEDGE
v.
STATE
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The judgment and sentence are affirmed, and the case is remanded for correction of a scrivener's error in the written sentence document.
[1] A clerical error in a written sentencing document that does not reflect a judicial determination and conflicts with the oral pronouncement may be corrected on remand in a…
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Court's definition of a scrivener's error citing Ashley v. State
Appellant was convicted and sentenced. The written sentence contained a clerical error in which the sentence imposed on count 3 was erroneously listed…
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July 10, 2019 PER CURIAM.
Upon review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no error with Appellant’s judgment or sentence, and affirm. We write only to correct a scrivener’s error on Appellant’s written sentence. See Ashley v. State, 850 So. 2d 1265, 1268 n. 3 (Fla. 2003) (defining a scrivener’s error as a written clerical error that is not “the result of a judicial determination or error”); Rivera v. State, 117 So. 3d 449-50 (Fla. 2d DCA 2013) (remanding for correction of the written sentences to reflect the oral pronouncement in an Anders appeal). In the written sentence, the sentence imposed on count 3 is erroneously listed as count 1. On remand, the trial court shall correct the error. WETHERELL, JAY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Alton Jamal Rivera v. State, 117 So. 3d 449 (Fla. 2d DCA 2013)