SCOTTIE BRUCE HEGGS
v.
STATE OF FLORIDA
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An appellate court reviewed a criminal conviction pursuant to Anders v. California and found no reversible error, affirming the judgment and sentence. However, the court identified two scrivener's errors in the written judgment that required correction on remand.
The court affirmed the judgment and sentence but remanded the case for correction of two scrivener's errors: (1) the judgment must reflect that possession of a firearm by a convicted felon is a second-degree felony, not third-degree, and (2) the public defender application fee must be corrected from $100 to $50 to reflect the oral pronouncement.
[1] Possession of a firearm by a convicted felon under Florida Statute § 790.23(3) is a second-degree felony.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a scrivener's error as a written clerical error that is not 'the result of a judicial determination or error'”
Defining scrivener's error under Ashley v. State
The appellant was convicted of possession of a firearm by a convicted felon. The written judgment incorrectly classified the offense as a third-degree…
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October 23, 2019 PER CURIAM.
Upon review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no reversible error and affirm Appellant’s judgment and sentence. We write only to correct two scrivener’s errors in the judgment. See Ashley v. State, 850 So. 2d 1265, 1268 n. 3 (Fla. 2003) (defining a scrivener’s error as a written clerical error that is not “the result of a judicial determination or error”). Appellant’s written judgment reflects that possession of a firearm by a convicted felon is a third-degree felony. However, possession of a firearm by a convicted felon is a second-degree felony. § 790.23(3), Fla. Stat. (2016). On remand, the trial court shall correct the judgment to reflect Appellant’s conviction of a second-degree felony. Additionally, the trial court orally imposed a $50 fee for the public defender application.
However, the written judgment includes a $100 fee. On remand, the trial court shall correct the judgment to reflect a $50 public defender application fee. See Skinner v. State, 155 So. 3d 497, 497 (Fla. 5th DCA 2015).
Judgment AFFIRMED, and cause REMANDED for correction of scrivener’s errors. ROBERTS, BILBREY, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee; and Scottie Bruce Heggs, pro se, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Alyssia Skinner v. State, 155 So. 3d 497 (Fla. 5th DCA 2015)