REINIEL PARAJON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2010-12-15
No. 3D09-2078
Before WELLS, SHEPHERD, and ROTHENBERG, JJ.
50 So. 3d 105 Florida District Court of Appeal, Third District (2010) Positive Treatment
Cited by 6 cases
Topics
Clerical Error In Judgment Written Judgment Oral Pronouncement Vs. Written Order Oral Pronouncement

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Opinion of the Court
WELLS, Judge.

WELLS, Judge.

Reiniel Parajon appeals his conviction and sentence for burglary of an occupied dwelling. The public defender filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Having reserved ruling on the motion to withdraw and provided Parajon the opportunity to file a pro se brief — which he failed to exercise — we affirm Parajon’s conviction and sentence for burglary of an occupied dwelling.

We write only to address a clerical error that appears in the court’s written judgment. The transcripts and the verdict form reflect the jury returned a verdict of guilty of burglary of an occupied dwelling and not guilty of criminal mischief. However, the written judgment mistakenly recites that Parajon was found guilty of both burglary and criminal mischief. No sentence was imposed for criminal mischief. Because the written judgment must not *106vary from the oral pronouncement, we remand to the trial court with instructions to enter a corrected written judgment. See Ashcraft v. State, 464 So.2d 697, 698 (Fla. 2d DCA 1985). Parajon need not be present for this function.

Affirmed as modified.

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Cited By

  • Wilson v. State, 56 So. 3d 912 (Fla. 2d DCA 2011)
    …for the trial court to enter written judgments and sentences that correctly reflect a single life sentence for the merged convictions and reflect that [*914] his life sentence and fifteen-year sentence are to run concurrently. See Parajon v. State, 50 So. 3d 105 (Fla. 3d DCA 2010). Affirmed; remanded. SILBERMAN and VILLANTI, JJ., Concur.…
  • L.A. v. State, 60 So. 3d 508 (Fla. 3d DCA 2011)
    …nveyance); a judgment of dismissal was granted on Count I (grand theft of a vehicle); and a finding of not guilty was entered on Count III (resisting an officer without violence). See N.G. v. State, 50 So.Sd 801 (Fla. 3d DCA 2011); Parajon v. State, 50 So. 3d 105 (Fla. 3d DCA 2010). L.A. need not be present. Affirmed as modified.…
  • F.H. v. State, 99 So. 3d 547 (Fla. 3d DCA 2011)
    …reflect that adjudication was withheld as to Count I. See N.G. v. State, 50 So. 3d 801 (Fla. 3d DCA 2011) (remanding to the trial court for correction of the written adjudicatory order to conform to the oral pronouncement); accord, Parajon v. State, 50 So. 3d 105 (Fla. 3d DCA 2010). In all other respects, the order is affirmed. Affirmed and case remanded with directions.…

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