JORGE FABIAN FELICIANO RAMOS
v.
THE STATE OF FLORIDA
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A conviction for attempted second-degree murder with a firearm constitutes a first-degree felony, not a life felony, and scrivener's errors in a judgment may be corrected on remand without the defendant's presence.
[1] A scrivener's error in a judgment is a clerical error that is not the result of a judicial determination.
[2] A conviction for attempted second-degree murder with a firearm is a first-degree felony.
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Join FLexlaw to unlock all legal intelligenceRamos was convicted of attempted second-degree murder with a firearm and possession of a firearm by a convicted felon. The trial court judgment errone…
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PER CURIAM.
Jorge Fabian Feliciano Ramos appeals a final judgment of conviction and sentence for attempted second-degree murder with a firearm and possession of a firearm by a convicted felon. We affirm the judgment without discussion and write only to address a scrivener’s error within it. See Ashley v. State, 850 So. 2d 1265, 1268 n.3 (Fla. 2003) (defining scrivener’s error as written clerical error that is not “the result of a judicial determination or error”).
The judgment erroneously lists the attempted second-degree murder with a firearm conviction as a life felony when it is a felony of the first degree.1 The state properly concedes error. We therefore remand for the correction of the scrivener’s error and affirm in all other respects. The defendant need not be present for this ministerial correction of the judgment. See Lowery v. State, 294 So. 3d 464 (Fla. 1st DCA 2020).
Affirmed; Remanded with instructions.
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Citator
Authorities Cited
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Augustus James Lowery v. State, 263 So. 3d 767 (Fla. 2d DCA 2019)