JOSEPH ANTHONY CRENSHAW
v.
STATE OF FLORIDA
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A scrivener's error in a judgment imposing an incorrect minimum-mandatory sentence must be corrected on remand, even when the appeal is otherwise affirmed.
[1] When a trial court's written judgment conflicts with its oral pronouncement of sentence, the discrepancy constitutes a scrivener's error correctable on remand as a minist…
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Join FLexlaw to unlock all legal intelligence“This conflicts with the trial court's oral pronouncement of three years.”
Court identified the scrivener's error in the judgment imposing ten-year minimum-mandatory sentence when the oral pronouncement stated three years.
Joseph Anthony Crenshaw was convicted of possession of a firearm by a convicted felon. The trial court orally pronounced a three-year minimum-mandator…
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PER CURIAM.
We affirm this Anders1 appeal in all respects. We note, however, the judgment on count two, possession of a firearm by a convicted felon, contains a scrivener’s error imposing a ten-year minimum-mandatory sentence. This conflicts with the trial court’s oral pronouncement of three years. See § 775.087(2)(a)1.q., Fla. Stat. (2021). Accordingly, we remand for correction of the scrivener’s error on the judgment and sentence. See, e.g., Aviles v. State, 151 So. 3d 555, 555 (Fla. 5th DCA 2014) (affirming Anders appeal but remanding for correction of scrivener’s error). Because the correction of this scrivener’s error is a ministerial act which has no impact on Appellant’s incarceration term, he need not be present at resentencing. See Johnson v. State, 899 So. 2d 1283, 1283 (Fla. 5th DCA 2005). AFFIRMED and REMANDED. COHEN, TRAVER and NARDELLA, JJ., concur.
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Crenshaw v. Sec'y, Dep't of Corr. (Marion County) (M.D. Fla. 2025)…led a pro se initial brief. (Id. at 1317–51). On November 21, 2023, the Fifth DCA per curiam affirmed the trial court's denial of post-conviction relief, and the mandate issued on December 15, 2023. (Id. at 1353–54, 1356); see also Crenshaw v State, 373 So. 3d 876 (Fla. 5th DCA 2023). On February 16, 2024, 1 Anders v. California, 386 U.S. 738 (1967). -4- ---PAGE 5--- Crenshaw sought certiorari review with the Supreme Court of the United States. (Doc. 13-1 at 1358–87). On April 15, 2024, the Supreme Court…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Johnson v. State, 899 So. 2d 1283 (Fla. 5th DCA 2005)
- Aviles v. State, 151 So. 3d 555 (Fla. 5th DCA 2014)