RONDAN KEITH
v.
STATE OF FLORIDA
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A judgment must be corrected on remand when it reflects conviction under a different statutory subsection than the one charged in the information.
[1] A judgment of conviction must be corrected to reflect the statutory subsection actually charged in the information when a scrivener's error causes the judgment to state a…
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Join FLexlaw to unlock all legal intelligenceRondan Keith was charged with violating section 784.048(4), Florida Statutes (2016), but the judgment of conviction incorrectly stated he was guilty o…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
RONDAN KEITH, ) ) Appellant, ) ) v. ) Case No. 2D18-922 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed February 27, 2019. Appeal from the Circuit Court for Lee County; J. Frank Porter, Judge. Howard L. Dimmig, II, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee. KHOUZAM, Judge. We affirm the judgment and sentence but remand for the trial court to correct a scrivener's error. Rondan Keith was charged in the information with violating section 784.048(4), Florida Statutes (2016), but was adjudicated guilty in the judgment of violating section 784.048(7). On remand, the trial court shall correct the judgment to reflect the statutory subsection Keith was charged with violating.
Remanded with directions. SALARIO and BADALAMENTI, JJ., Concur.