GREGORY J. BATIZI
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-04-12
No. 18-2172
Maltz, J., Lambert, J., Grosshans, J., Sasso, J.
268 So. 3d 235 Florida District Court of Appeal, Fifth District (2019) Positive Treatment
Cited by 3 cases

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Holding

The conviction is affirmed, but the case is remanded to correct a scrivener's error in the judgment that incorrectly stated eight years of sex offender probation instead of three years for count nine.

Headnotes

[1] A scrivener's error in a judgment that conflicts with the oral pronouncement of sentence may be corrected on remand, even when affirming a conviction on appeal.

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Facts & Procedural History

Gregory J. Batizi was convicted of multiple counts, including a third-degree felony (count nine). The trial court imposed a sentence of two years of p…

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Topics
Third-Degree Felony Sentencing Written Judgment Sex Offender Probation Third Degree Felony

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Opinion of the Court
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 Gregory

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

GREGORY J. BATIZI,

Appellant,

v. Case No. 5D18-2172

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed April 12, 2019

Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge.

James S. Purdy, Public Defender, and Glendon G. Gordon, Jr., 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 this Anders1 appeal in all respects. However, we note that the judgment contains a scrivener's error where it states that Appellant's sex offender probation for count nine is for a period of eight years following the prison term. This conflicts with the

AFFIRMED AND REMANDED WITH INSTRUCTIONS.

LAMBERT, GROSSHANS and SASSO, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 oral pronouncement that the sentence for count nine (a third-degree felony) was two years of prison followed by three years of sex offender probation. Thus, we remand this case for correction of the scrivener's error on the judgment and sentence. See, e.g., Downey v. State, 114 So. 3d 356 (Fla. 5th DCA 2013) (affirming an Anders appeal but remanding for correction of scrivener's errors).

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