LUIS SANCHEZ
v.
THE STATE OF FLORIDA
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Armed robbery counts must be classified as first-degree felonies punishable by life imprisonment, and clerical errors in the judgment may be corrected without the defendant's presence.
[1] A clerical error in a criminal judgment's classification of felony counts may be corrected on remand without the presence of the defendant.
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Join FLexlaw to unlock all legal intelligence“This correction can be made without the defendant being present because it was clerical error.”
Court's explanation for why remand for correction did not require defendant's presence
Luis Sanchez was convicted of armed robbery on multiple counts (counts 1, 3, 5, 7, and 13). The judgment contained a clerical error in the felony clas…
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Opinion filed April 20, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-2279 Lower Tribunal No. F94-39774 ________________
Luis Sanchez,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Carmen Cabarga, Judge. Luis Sanchez, in proper person. Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee. Before SCALES, LINDSEY, and MILLER, JJ. PER CURIAM.
We affirm the order on appeal and remand for correction of the judgment. Defendant properly contends the judgment should be corrected to note the correct classification of the armed robbery counts (counts 1, 3, 5, 7 & 13) as first-degree felonies punishable by life in prison (1PBL). See § 812.13(2)(a), Fla. Stat. (2021). This correction can be made without the defendant being present because it was clerical error. See White v. State, 41 So. 3d 257 (Fla. 3d DCA 2010).
Affirmed and remanded with instructions.