JEFFREY SCOTT LINTON
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-04-20
No. 17-3084
240 So. 3d 903 Florida District Court of Appeal, First District (2018)

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Holding

A judgment containing a scrivener's error in the statutory classification of a felony conviction must be remanded for correction even when the substantive sentence is affirmed.


Headnotes

[1] A scrivener's error in a written judgment that mischaracterizes the statutory classification of a felony conviction warrants remand for correction even when the underlyin…

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Key Quotes

“The written judgment incorrectly lists the appellant's conviction for aggravated child abuse as a first-degree felony punishable by life, instead of a first-degree felony.”

Court's explanation of the scrivener's error requiring remand

Facts & Procedural History

Jeffrey Scott Linton was convicted of aggravated child abuse. The written judgment incorrectly described this first-degree felony as one punishable by…

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Opinion of the Court

April 20, 2018 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 Diaz v. State, 910 So. 2d 894 (Fla. 1st DCA 2005) (remanding for correction of scrivener's error in the judgment). The written judgment incorrectly lists the appellant’s conviction for aggravated child abuse as a first-degree felony punishable by life, instead of a first-degree felony. See § 827.03(2)(a), Fla. Stat. (2015).

AFFIRMED and REMANDED with instructions. B.L. THOMAS, C.J., and LEWIS and MAKAR, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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