DOMINIQUE LATRELL GRAY
v.
STATE OF FLORIDA
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A trial court must correct scrivener's errors in a written judgment and sentence to conform to the jury verdict and oral pronouncement, and such ministerial corrections do not require the defendant's presence on remand.
[1] A scrivener's error in a written judgment that designates a count as a higher-degree felony than the degree for which the jury found the defendant guilty must be correcte…
[2] When a trial court's oral pronouncement of sentence differs from the written sentence, the written sentence must be corrected on remand to conform to the oral pronounceme…
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Join FLexlaw to unlock all legal intelligence“a scrivener's error as a written clerical error that is not 'the result of a judicial determination or error'”
Definition of scrivener's error cited from Ashley v. State
Appellant was convicted by jury on multiple counts, including a lesser-included third-degree felony on count three. The trial court orally pronounced …
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PER CURIAM.
We affirm Appellant’s judgment and sentence. We write only to correct two scrivener’s errors on Appellant’s written judgment and sentence. See Ashley v. State, 850 So. 2d 1265, 1268 n. 3 (Fla. 2003) (defining a scrivener’s error as a written clerical error that is not “the result of a judicial determination or error”).
First, count three of the judgment is listed as a second-degree felony, but the jury found Appellant guilty of the lesser-included third-degree felony on this count. See § 847.0135(3), Fla. Stat. (2019). Based on our review of the jury verdict and the sentencing transcript, this was a scrivener’s error. On remand, the trial court
shall correct the judgment and designate count three as a third-degree felony.
Second, the trial court orally pronounced a sentence of six years in prison on count one, followed by ten years of sex offender probation on count two and five-year terms of sex offender probation on counts three, four, and five. All probationary sentences were ordered to run concurrently to each other. However, the written sentence only includes a seventy-two-month prison sentence on all counts. Because other sentencing documents and the oral pronouncement are consistent, this appears to be a scrivener’s error, but remand is required. See Parker v. State, 276 So. 3d 108, 109 (Fla. 1st DCA 2019) (holding that remand was required to conform the written sentence to the oral pronouncement). On remand, the trial court shall correct the written sentence to conform to the oral pronouncement.
Because correction of these errors requires no judicial discretion, but only a ministerial act, Appellant’s presence is not required on remand. See Parker, supra (holding that defendant’s presence is not required for ministerial act of correcting written sentence). In all other respects the judgment of conviction and the sentences are affirmed.
AFFIRMED and REMANDED with instructions.
OSTERHAUS, C.J., and KELSEY and M.K. THOMAS, JJ., concur. _____________________________