LATONYA WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed conviction for attempted robbery but remanded to correct sentencing document that failed to reflect habitual offender designation despite trial court's oral pronouncement.
A trial court's oral pronouncement of sentence as a habitual offender must be corrected in the written sentencing document even when the defendant fails to appear at rescheduled sentencing.
[1] A scrivener's error in a sentencing document that fails to reflect a trial court's oral pronouncement of habitual offender status is correctable on appeal as a ministeria…
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Join FLexlaw to unlock all legal intelligenceWilliams pleaded guilty to attempted robbery under a negotiated agreement providing a five-year PRR sentence if she appeared for sentencing, or ten ye…
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WHATLEY, Judge.
This is an appeal briefed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), of Williams’ conviction of attempted robbery. We affirm the conviction but remand for correction of a scrivener’s error. Williams entered into a negotiated plea of guilty whereby the State agreed to reduce her charge from robbery to attempted robbery and to a sentence of five years as a prison releasee reoffender (PRR) if she appeared for sentencing as scheduled. However, if she failed to appear, her sentence would be ten years as a habitual offender with a five-year minimum as a PRR. Williams failed to appear. Consequently, at her rescheduled sentencing hearing, the trial court announced that it was going to abide by the original agreement. The court set forth Williams’ prior record, which it found satisfied the requirements for both habitual offender and PRR sentencing. However, while Williams’ sentence reflects that she received five years as a PRR, it does not reflect that the ten years she received was as a habitual offender. Accordingly, we remand for correction of this scrivener’s error. Because this is a ministerial act, Williams need not be present.
Affirmed; remanded with directions.
ALTENBERND and CASANUEYA, JJ., Concur.
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Cook v. State, 947 So. 2d 1207 (Fla. 1st DCA 2007)…PER CURIAM. We affirm the appellant’s judgment and sentence but remand for correction of a scrivener’s error contained in the written judgment and sentence. See Williams v. State, 930 So. 2d 851 (Fla. 2d DCA 2006) (remanding for correction of scrivener’s error in the written sentence); Diaz v. State, 910 So. 2d 894 (Fla. 1st DCA 2005) (remanding for correction of scrivener’s error in the judgment). In case number 04-1798, the appellant pled…
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Jackson v. State, 936 So. 2d 1172 (Fla. 1st DCA 2006)…PER CURIAM. We affirm Appellant’s judgment and sentence but remand for correction of a scrivener’s error contained in the written judgment and sentence. See Williams v. State, 930 So. 2d 851 (Fla. 2d DCA 2006) (remanding for correction of scrivener’s error in the written sentence); Diaz v. State, 910 So. 2d 894 (Fla. 1st DCA 2005) (remanding for correction of scrivener’s error in the judgment). Appellant filed a rule 3.800(b)(2) motion…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)