RITCHY BIENAIME
v.
STATE
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The judgment and sentence are affirmed, but the case is remanded to correct a scrivener's error that incorrectly stated the defendant was convicted of a third-degree felony when he was actually convicted of a second-degree felony.
[1] A scrivener's error in a judgment that misidentifies the degree of felony conviction may be corrected on remand to the trial court even when the underlying judgment and s…
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Join FLexlaw to unlock all legal intelligenceRitchy Bienaime was convicted of a felony in Orange County Circuit Court. The judgment contained a clerical error regarding the degree of the felony c…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
RITCHY BIENAIME, Appellant, v. Case No. 5D17-3164 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 10, 2018 Appeal from the Circuit Court for Orange County,
A. James Craner, Judge.
Ritchy Bienaime, Bristol, pro se. James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the judgment and sentence under review. However, we remand this case to the trial court to correct a scrivener’s error in the judgment, which erroneously states that the defendant was convicted of a third-degree felony when he was convicted of a second-degree felony. AFFIRMED; REMANDED to correct scrivener’s error. SAWAYA, PALMER and BERGER, JJ., concur.