DALKEITH
v.
STATE
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Trespass in a conveyance is a second-degree misdemeanor under Florida Statutes §§ 810.08(1) & (2)(a), and clerical errors in judgment documents can be corrected without resentencing when the correction does not affect the defendant's sentence.
[1] A clerical scrivener's error in a judgment that does not affect a defendant's sentence may be corrected without conducting a new sentencing hearing, distinguishing such m…
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Join FLexlaw to unlock all legal intelligence“As counsel for the parties candidly admit that the error was a scrivener's error, not judicial error, which when corrected will not affect the defendant's sentence, the judgment may be corrected without conducting a new sentencing hearing.”
Court's explanation for affirming without resentencing despite the classification error
Morris Dalkeith was convicted of trespass in a conveyance in Miami-Dade County Circuit Court. The judgment mistakenly classified the offense as a firs…
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The defendant, Morris Dalkeith, appeals his conviction for trespass in a conveyance. We affirm, but remand for correction of the judgment to reflect that trespass in a conveyance is a second-degree misdemeanor, §§ 810.08(1) & (2)(a), Fla. Stat. (2018), not a first-degree misdemeanor as listed in the judgment. As counsel for the parties candidly admit that the error was a scrivener’s error, not judicial error, which when corrected will not affect the defendant’s sentence, the judgment may be corrected without conducting a new sentencing hearing. Malone v. State, 225 So. 3d 335, 335 (Fla. 3d DCA 2017).
Affirmed and remanded with instructions.