JESSE STONE
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court retains concurrent jurisdiction under Florida Rule of Appellate Procedure 9.600(a) to correct clerical mistakes in judgments before the appellate record is docketed, and may correct scrivener's errors deviating from the pronounced sentence under Florida Rule of Criminal Procedure 3.800(a) at any time during the pendency of a direct appeal.
[1] A trial court retains concurrent jurisdiction under Florida Rule of Appellate Procedure 9.600(a) to correct clerical mistakes in judgments, decrees, or other parts of the…
[2] A scrivener's error in a written judgment and sentence that deviates from the oral pronouncement of sentence constitutes an illegal sentence subject to correction under F…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a written sentence that conflicts with the oral pronouncement of sentence imposed in open court is an illegal sentence”
Explaining that scrivener's errors in judgments deviating from the pronounced sentence constitute illegal sentences subject to correction
Jesse Stone was convicted of sexual battery and burglary of a dwelling with an assault or battery. He appealed his judgment and sentence.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Burglary Of A Dwelling With An Assault Or Battery cases and more on FLexlaw
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________ Case No. 5D2025-0659 LT Case No. 2024-CF-002678-A _____________________________ JESSE STONE, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Marion County. Lisa D. Herndon, Judge. Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellant. James Uthmeier, Attorney General, Tallahassee, and Tabitha Mills, Assistant Attorney General, Daytona Beach, for Appellee. January 2, 2026
SOUD, J.
In this Anders1 case, Appellant Jesse Stone appeals his judgment and sentence on the charges of sexual battery and 1 See Anders v. California, 386 U.S. 738 (1967).
2 burglary of a dwelling with an assault or battery. We have jurisdiction. See Art. V, § 4(b)(1), Fla. Const.; Fla. R. App. P. 9.030(b)(1)(A). We affirm without further comment Stone’s judgment and sentence. We write to emphasize that, while generally a defendant’s filing of a notice of appeal divests the lower court of jurisdiction to further act in a case,2 “before the record [on appeal] is docketed” a trial court continues to have concurrent jurisdiction under Florida Rule of Appellate Procedure 9.600(a) to correct sua sponte or upon motion “clerical mistakes in judgments, decrees, or other parts of the record arising from oversight or omission.” See Fla. R. App. P. 9.600(a); see also Luhrs v. State, 394 So. 2d 137, 139 (Fla. 5th DCA 1981) (“Prior to the time the record on appeal is transmitted, the lower tribunal has concurrent jurisdiction with the appellate court to render orders on any procedural matter relating to the cause.”); Escobar v. State, 189 So. 3d 1029, 1031–32 (Fla. 4th DCA 2016). Further, since a scrivener’s error in a judgment and sentence deviating from the pronounced sentence constitutes an illegal sentence,3 the error may be corrected under Florida Rule of Criminal Procedure 3.800(a). And as the rule plainly provides, the trial court may do so “at any time,” except for the time provided by Rule 3.800(b) or otherwise during the pendency of a direct appeal.4
AFFIRMED.
It is so ordered.
JAY, C.J., and EDWARDS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Williams v. State, 957 So. 2d 600 (Fla. 2007)
- Luhrs v. State, 394 So. 2d 137 (Fla. 5th DCA 1981)
- Meintzer v. State, 943 So. 2d 966 (Fla. 5th DCA 2006)
- Spear v. State, 341 So. 3d 1106 (Fla. 2022)
- Guelmer J. Escobar v. State, 189 So. 3d 1029 (Fla. 4th DCA 2016)
- Coffin v. State, 386 So. 3d 634 (Fla. 1st DCA 2024)