GIEZI CORRALES VOLPI
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-06-07
No. 18-3488
Barbour, J., Orfinger, J., Lambert, J., Sasso, J.
273 So. 3d 1149 Florida District Court of Appeal, Fifth District (2019)

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Holding

The conviction for robbery with a mask under section 812.13(2)(c) is affirmed, but the judgment and sentence must be corrected to cite the proper statute.

Headnotes

[1] A scrivener's error in a judgment and sentence citing an incorrect statutory provision for the offense of conviction may be corrected on appeal by remand to the trial cou…

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Facts & Procedural History

Appellant Giezi Corrales Volpi was convicted of the lesser included offense of robbery with a mask. The judgment and sentence erroneously cited sectio…

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Topics
Anders Appeal Scrivener'S Error Lesser Included Offense

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Opinion of the Court
Sasso

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

GIEZI CORRALES VOLPI,

Appellant,

v. Case No. 5D18-3488

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed June 7, 2019

Appeal from the Circuit Court for Osceola County, Elaine A. Barbour, Judge.

James S. Purdy, Public Defender, and Kathryn R. Radtke, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm this Anders1 appeal in all respects. However, we remand for a correction of a scrivener’s error on the judgment and sentence. Appellant was convicted of the lesser

ORFINGER, LAMBERT, and SASSO, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 included offense of robbery with a mask, pursuant to section 812.13(2)(c), Florida Statutes (2017), but the judgment and sentence erroneously cites to section 812.13(2)(a), Florida Statutes, corresponding to the offense of robbery with a firearm or deadly weapon. AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER'S ERROR.

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