ELIZABETH J. WILLIAMS
v.
STATE OF FLORIDA
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Elizabeth J. Williams appeals the denial of her motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The appellate court affirmed the denial of her motion but remanded for correction of a scrivener's error in the amended judgment that incorrectly reclassified her conspiracy conviction.
The court affirmed the denial of Williams's motion arguing her life sentence was illegal, finding the sentence legal despite the improper reclassification. The court remanded for correction of a scrivener's error in the amended judgment that incorrectly redesignated the conspiracy conviction as a substantive murder conviction.
[1] A sentence imposed pursuant to an improperly classified felony designation may nonetheless be legal and sustainable on appeal if the sentence itself complies with statuto…
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Join FLexlaw to unlock all legal intelligenceWilliams was convicted by jury of second-degree murder with a weapon and conspiracy to commit second-degree murder with a weapon. She was sentenced to…
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Appeal from the Circuit Court for Hillsborough County; Christopher C. Sabella, Judge.
Elizabeth J. Williams, pro se.
PER CURIAM.
Elizabeth J. Williams appeals the order denying her motion under Florida Rule of Criminal Procedure 3.800(a) to correct her sentence. We affirm without comment the denial of her motion but remand for correction of a scrivener's error in the amended judgment.
A jury found Williams guilty of one count each of second-degree murder with a weapon (count one) and conspiracy to commit second-degree murder with a weapon (count two). The court sentenced her to concurrent terms of life imprisonment on the substantive count and fifteen years' imprisonment on the conspiracy count.
In her rule 3.800(a) motion, Williams argued that her life sentence for second-degree murder with a weapon is illegal because the offense was improperly reclassified from a first-degree felony punishable by life imprisonment to a life felony pursuant to section 775.087(1), Florida Statutes (2003). In its response to the motion, the State conceded that Williams's conviction was "reclassified improperly" but maintained that her life sentence is nonetheless legal. The postconviction court agreed with the State but directed the clerk of court to amend the judgment and sentence to reflect that Williams's conviction for second-degree murder with a weapon is a first-degree felony punishable by life imprisonment.
The amended judgment and sentence now correctly indicate that Williams's conviction on count one for second-degree murder with a weapon is a first-degree felony punishable by life imprisonment. Inexplicably, however, the amended judgment now incorrectly indicates that Williams's conviction on count two is also for substantive second-degree murder with a weapon and is a life felony. (The amended sentence reflects no change.) The original judgment correctly indicated that Williams's conviction on count two is for conspiracy to commit second-degree murder with a weapon and is a second-degree felony. As the amended judgment contains a clear scrivener's error, we affirm but remand for correction of the amended judgment with respect to count two. See Herrera v. State, 276 So. 3d 60 (Fla. 2d DCA 2019).
Affirmed; remanded to correct scrivener's error. NORTHCUTT, SILBERMAN, and ROTHSTEIN-YOUAKIM, JJ., Concur.