SHERLA PIERRE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Sherla Pierre appeals her convictions for attempted robbery with a firearm, aggravated assault, and aggravated battery. The appellate court rejected her challenge to the denial of a motion for judgment of acquittal on the aggravated battery charge but agreed the trial court erred in denying her motion to correct a scrivener's error on the judgment sheet that incorrectly reflected first-degree robbery convictions instead of second-degree attempted robbery convictions.
The trial court did not err in denying the motion for judgment of acquittal on the aggravated battery charge. However, the trial court erred in denying Pierre's motion to correct the judgment sheet because the judgment sheet contained a scrivener's error by listing first-degree robbery convictions instead of second-degree attempted robbery convictions, despite the correct convictions being listed on the court disposition form and criminal scoresheet.
[1] A trial court errs in denying a motion to correct a sentencing order when the judgment sheet incorrectly reflects the degree of the felony for which a defendant was convi…
[2] A scrivener's error on a judgment sheet, such as misstating the degree of a felony conviction, can be corrected pursuant to a motion to correct sentencing errors.
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Join FLexlaw to unlock all legal intelligence“Pierre was convicted of two counts of attempted robbery with a firearm, a second degree felony. However, the sentencing order indicated she was convicted of two counts of robbery with a firearm, a first degree felony.”
Establishes the discrepancy between the actual convictions and what the judgment sheet reflected
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Join FLexlaw to unlock all legal intelligencePierre was convicted of two counts of attempted robbery with a firearm (second degree felony), two counts of aggravated assault with a deadly weapon, …
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POLEN, J.
Appellant Sherla Pierre appeals a final order of judgment and sentence for two counts of attempted robbery with a firearm, two counts of aggravated assault with a deadly weapon and one count of aggravated battery with a deadly weapon. Pierre argues the trial court erred in denying her motion for judgment of acquittal as to the aggravated battery charge and in denying her 3.800(b) motion to correct the sentencing order to correctly reflect her convictions. We are unpersuaded by Pierre’s argument regarding the trial court’s denial of her motion for judgment of acquittal but agree the trial court erred in denying her 3.800(b) motion to correct an error on the judgment sheet and remand for entry of a corrected judgment sheet.
Pierre was convicted of two counts of attempted robbery with a firearm, a second degree felony.
However, the sentencing order indicated she was convicted of two counts of robbery with a firearm, a first degree felony. In this case, the trial court denied the motion because the convictions were correctly listed on the court disposition form. The convictions are also listed correctly on the criminal scoresheet.
However, the judgment sheet incorrectly indicates Pierre was convicted of a first degree felony, robbery with a firearm, rather than attempted robbery with a firearm, a second degree felony. As the judgment sheet is incorrect, the trial court erred in denying Pierre’s 3.800(b) motion. We remand the case to the trial court to correct the scrivener’s error on the judgment sheet. See Tedesco v. State, 893 So. 2d 660 (Fla. 4th DCA 2005). Appellant need not be present for entry of the corrected judgment.
SHAHOOD, C.J., and MAY, J., concur.