NICHOLAS C. HARRIS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-02-23
No. 22-2665
2024 FL 1960 Florida District Court of Appeal, Fifth District (2024)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The judgment and sentence are affirmed, but the case is remanded to correct scrivener's errors in the written judgment, probation order, and scoresheet to reflect the correct conviction of manslaughter with a weapon under sections 782.07(1) and 775.087(1)(b).


Headnotes

[1] A court may affirm a judgment and sentence while remanding for correction of scrivener's errors in the written judgment, order of probation, or scoresheet.

[2] Scrivener's errors in a written judgment, order of probation, or scoresheet may be corrected by the trial court.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Harris was tried and convicted by jury of manslaughter with a weapon as a lesser included offense. The trial court's written judgment and related docu…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

February 23, 2024 PER CURIAM.

In this Anders* appeal, we affirm the judgment and sentence imposed by the trial court but remand for the trial court to: (1) correct the written judgment in 2020-303667-CFDB to reflect that

* Anders v. California, 386 U.S. 738 (1967).

Appellant was tried and found guilty by jury of, and is adjudicated guilty of, manslaughter (a lesser included offense), with a weapon, under sections 782.07(1) and 775.087(1)(b), Florida Statutes; (2) correct the written order of probation to reflect that Appellant was found guilty by jury verdict of, and is adjudicated guilty of, manslaughter (a lesser included offense), with a weapon; and (3) correct the scoresheet to list the description of the primary offense as manslaughter (a lesser included offense), with a weapon, and list the corresponding Florida Statutes of the primary offense, sections 782.07(1) and 775.087(1)(b).

AFFIRMED; REMANDED for correction of scrivener’s errors.

MAKAR and WALLIS, JJ., concur. PRATT, J., concurs in part and dissents in part with opinion.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw