STEVEN PAUL CROWLEY
v.
STATE OF FLORIDA
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Steven Paul Crowley appealed the postconviction court's denial of his motion to correct an illegal sentence for two counts of aggravated battery. The appellate court affirmed the denial of his main claim but remanded to correct a scrivener's error in the written sentence for count two that did not conform to the trial court's oral pronouncement.
The court affirmed the postconviction court's summary denial of Crowley's main claim as meritless. However, the court remanded the case with directions to strike the HFO designation from the written sentence for count two to conform it to the trial court's oral pronouncement of a PRR sentence, correcting the clear scrivener's error.
[1] When a trial court's written sentence contains a designation inconsistent with its oral pronouncement, a scrivener's error correction may be granted on appeal to conform…
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Join FLexlaw to unlock all legal intelligence“Because the trial court's oral pronouncement of Carlton's sentence does not include an HFO designation but his written sentence does, we remand this case with directions for the trial court to correct this scrivener's error.”
Cited precedent from Carlton v. State establishing the standard for remanding to correct sentencing scrivener's errors.
Crowley was convicted by jury of two counts of aggravated battery. The trial court orally resentenced him to thirty consecutive years on count one as …
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Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Philip J. Federico, Judge.
LaROSE, Judge.
Steven Paul Crowley appeals the postconviction court's summary denial of his pro se motion to correct illegal sentence. See Fla. R. Crim. P. 3.800. Because the claim on appeal is meritless, see Cotto v. State, 139 So. 3d 283, 288-89 (Fla. 2014);
State v. Mosley, 149 So. 3d 684, 688 (Fla. 2014), we affirm the postconviction court's order. However, we remand to correct the scrivener's error in the written sentence for count two.
The jury found Mr. Crowley guilty of two counts of aggravated battery.
See § 784.045, Fla. Stat. (2014). After a successful rule 3.800(b) motion, the trial court orally resentenced Mr. Crowley to consecutive terms of thirty years in prison as a habitual felony offender (HFO) with a fifteen-year mandatory minimum prison term as a prison releasee reoffender (PRR) on count one, and fifteen years in prison as a PRR on count two.
The corrected written sentence for count two states as follows: "The defendant is adjudicated a habitual felony offender and is sentenced to an extended term in accordance with the provision of 775.084(4)(a), Florida Statutes [(2016)]." This does not conform to the trial court's oral pronouncement that imposed a PRR sentence, not a HFO sentence. Additionally, the corrected written sentence itself imposed only a fifteen-year sentence, not an enhanced HFO sentence. See § 775.084(4)(a) (providing the trial court may sentence a HFO "[i]n the case of a felony of the second degree, for a term of years not exceeding 30").
The HFO designation in the written sentence for count two is clearly a scrivener's error that should be corrected on remand to conform to the oral pronouncement. See Carlton v. State, 86 So. 3d 1194, 1194 (Fla. 2d DCA 2012) ("Because the trial court's oral pronouncement of Carlton's sentence does not include an HFO designation but his written sentence does, we remand this case with directions for the trial court to correct this scrivener's error [raised on direct appeal]."); see also Herrera v. State, No. 2D18-1933, 2019 WL 2307120, at *1 (Fla. 2d DCA May 31, 2019) (affirming an order denying relief under rule 3.800(a) but remanding to correct "a clear scrivener's error that could result in the waste of additional judicial resources if not corrected"). On remand, the trial court shall strike the HFO designation from Mr. Crowley's written sentence for count two. Mr. Crowley need not be present for the correction of the scrivener's error. See Rodriguez v. State, 223 So. 3d 1053, 1055 (Fla. 2d DCA 2017).
Affirmed and remanded with directions.
VILLANTI and ATKINSON, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cotto v. State, 139 So. 3d 283 (Fla. 2014)
- Rodriguez v. State, 223 So. 3d 1053 (Fla. 2d DCA 2017)
- State v. Mosley, 149 So. 3d 684 (Fla. 2014)
- Carlton v. State, 86 So. 3d 1194 (Fla. 2d DCA 2012)