JENNYMAR PIZARRO-GARCIA
v.
STATE OF FLORIDA
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The judgment and sentence are affirmed, but the case is remanded for the trial court to correct the statutory citation in count five from section 934.21 to section 934.215.
[1] A scrivener's error in the statutory citation within a judgment does not invalidate the conviction or sentence and may be corrected on remand.
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Join FLexlaw to unlock all legal intelligenceJennymar Pizarro-Garcia entered guilty pleas on three criminal charges, including unlawful use of a two-way communication device to facilitate the com…
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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
JENNYMAR PIZARRO-GARCIA,
Appellant,
v. Case No. 5D18-2518
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 8, 2019
Appeal from the Circuit Court for Orange County, Mark S. Blechman, Judge.
James S. Purdy, Public Defender, and Kathryn
R.
Radtke, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the judgment and sentence rendered against Jennymar Pizarro-Garcia (Appellant) after she entered guilty pleas on three criminal charges, but we remand on count five for correction of a scrivener’s error. In count five, Appellant pled guilty to the unlawful use of a two-way communication device to facilitate the commission of a crime,
2 in violation of section 934.215, Florida Statutes (2016). The judgment, however, erroneously cites to section 934.21, Florida Statutes (2016). On remand, the trial court is directed to correct the judgment.
AFFIRMED; REMANDED for correction of a scrivener’s error. ORFINGER, BERGER and LAMBERT, JJ., concur.