SABINO CRUZ VENTURA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2010-04-23
No. 2D09-1570
ALTENBERND, CRENSHAW, and MORRIS, JJ., Concur.
36 So. 3d 128 Florida District Court of Appeal, Second District (2010) Caution
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Sabino Cruz Ventura appeals an order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We find no merit in Ventura’s claims, and therefore, we affirm. However, we note that although Ventura pleaded guilty to second-degree murder, the judgment form and minutes of the plea hearing inaccurately reflect that he pleaded to second-degree felony murder. We therefore remand with directions to the postconviction court to correct the scrivener’s error which is apparent on the face of the record and which the postconviction court noted in its order of denial. See Stern v. State, 833 So.2d 190, 190 (Fla. 4th DCA 2002).

Affirmed and remanded.

ALTENBERND, CRENSHAW, and MORRIS, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Scolaro v. M. Ashley Butler, PH.D., 135 So. 3d 1111 (Fla. 2d DCA 2013)
    …on appeal. See Chavez v. J & L Drywall & Travelers Ins. Co., 858 So. 2d 1266, 1268 (Fla. 1st DCA 2003). The party who moves for the examination of the other party does not have the right to have counsel present at the examination. Prince v. Mallari, 36 So. 3d 128, 131 (Fla. 5th DCA 2010). The party being examined has a privacy interest that deserves protection; the party seeking the examination already is represented by the examiner. Id. at 132. Accordingly, we grant the petition for writ of certiorari and…
  • Summer Deal v. Ecklund, 41 So. 3d 430 (Fla. 5th DCA 2010)
    …PER CURIAM. We grant Petitioner’s application for review of the trial court’s order permitting Respondents to videotape Petitioner’s compulsory medical exam. Prince v. Mallari, 36 So. 3d 128 (Fla. 5th DCA 2010). That portion of the order that permits Respondents to videotape the exam is quashed. PETITION GRANTED. GRIFFIN, SAWAYA and TORPY, JJ., concur.…
  • Amparo R. De Larocha and Roger Urina v. Ferrari, 43 So. 3d 873 (Fla. 5th DCA 2010)
    …rder requiring Petitioner, Amparo R. De Larocha, to submit to a compulsory medical examination in the presence of a videographer hired by and acting on behalf of counsel for Respondents. Pursuant to this court’s recent decision in Prince v. Mallari, 36 So. 3d 128 (Fla. 5th DCA 2010), we conclude that the circuit court departed from the essential requirements of the law and that Petitioners will suffer irreparable harm. We note, parenthetically, that Respondents confess error based on Prince. Accordingly, we…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw