TAVARES SPELLMAN-FOLMAR
v.
STATE OF FLORIDA
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When a trial court orally pronounces guilt on all charges but the written judgment omits one count from its first page, the written judgment must be corrected to conform to the oral pronouncement.
[1] A written judgment that omits a count from its first page despite the trial court's oral pronouncement of guilt on that count constitutes a scrivener's error requiring re…
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Join FLexlaw to unlock all legal intelligenceAppellant pleaded guilty to all five counts charged in the information and was orally adjudicated guilty of all five counts. However, Count five was o…
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We affirm appellant’s convictions and sentences, but remand for correction of a scrivener’s error in the written judgment. Appellant pleaded guilty to all five counts charged in the information, and the trial court orally adjudicated him guilty of all five counts. Count five was included on the fourth page of the written judgment, but omitted from the first page. On remand, the lower tribunal shall enter a corrected written judgment that conforms to the court’s oral pronouncement of guilt on all five counts. See King v. State, 201 So. 3d 206 (Fla. 1st DCA 2016) (affirming an Anders appeal but remanding for correction of scrivener’s errors in the written judgment); Washington v. State, 37 So. 3d 376 (Fla. 1st DCA 2010) (same).
2
AFFIRMED and REMANDED with instructions. WOLF, BILBREY, and KELSEY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rashuan Devon King v. State, 201 So. 3d 206 (Fla. 1st DCA 2016)
- Washington v. State, 37 So. 3d 376 (Fla. 1st DCA 2010)
- Jalen Shropshire v. State, 37 So. 3d 376 (Fla. 1st DCA 2010)