SHANE HENRY A/K/A ROBERT STEVE PERKINS
v.
STATE OF FLORIDA
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A trial court's denial of a postconviction relief motion under Rule 3.800 is affirmed when the motion lacks merit, though remand is required to correct scrivener's errors in the judgment.
[1] Scrivener's errors in a criminal judgment, such as incorrect statutory citations or convictions charges, may be corrected on remand without the defendant's presence when…
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Join FLexlaw to unlock all legal intelligenceShane Henry, also known as Robert Steve Perkins, was convicted in a criminal case from 1997 and filed a postconviction Rule 3.800 motion seeking relie…
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PER CURIAM.
We affirm the trial court’s denial of Henry’s motion for postconviction relief, but remand for correction of the scrivener’s error in the written judgment. See Rodriguez v. State, 223 So. 3d 1053, 1054 (Fla. 2d DCA 2017). As the state concedes, the written judgment should reflect a conviction for robbery with a weapon and include a citation to the correct statute, section 812.13(2)(b), Florida Statutes (1997). Henry need not be present when these scrivener’s errors are corrected. See Shuey v. State, 950 So. 2d 1285 (Fla. 5th DCA 2007).
Remanded with instructions. DAMOORGIAN, CIKLIN and FORST, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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Citator
Authorities Cited
- Rodriguez v. State, 223 So. 3d 1053 (Fla. 2d DCA 2017)
- Shuey v. State, 950 So. 2d 1285 (Fla. 5th DCA 2007)