CHRISTOPHER JUNIOR PIERRE
v.
STATE OF FLORIDA
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A trial court's failure to include an orally pronounced sentence in the written judgment constitutes a scrivener's error requiring remand for amendment, and the defendant's presence is not required for this ministerial correction.
[1] When a trial court's oral pronouncement of sentence is not reflected in the written judgment, the omission constitutes a scrivener's error remediable by amended judgment…
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Join FLexlaw to unlock all legal intelligence“However, the written judgment, while accurately reflecting Pierre's adjudication of guilt on count three, inadvertently failed to include the actual sentence imposed.”
Description of the scrivener's error in the judgment
Christopher Junior Pierre was convicted of, among other things, discharging a firearm in public. The trial court orally pronounced a sentence of one y…
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PER CURIAM.
In this Anders1 appeal, we affirm the judgment and sentences imposed by the trial court after trial but find it necessary to remand to correct a scrivener’s error in the judgment.
Pierre was convicted of, among other things, discharging a firearm in public (count three). The trial court orally pronounced Pierre’s sentence on this count to be “one year in the Orange County Jail with credit for 30 days time served.” The court also ordered that this sentence be served concurrently with the lengthier prison sentences that it had just imposed on Pierre on counts one and two.
However, the written judgment, while accurately reflecting Pierre’s adjudication of guilt on count three, inadvertently failed to include the actual sentence imposed. Accordingly, we remand for the trial court to enter an amended judgment that includes the sentence that it imposed on Pierre for count three. Pierre’s presence is not required for this ministerial correction. See Walker v. State, 288 So. 3d 694, 696 (Fla. 4th DCA 2019). AFFIRMED; REMANDED for entry of amended judgment to correct scrivener’s error.
LAMBERT, C.J., HARRIS and TRAVER, JJ., concur.
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Citator
Cited By
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Antuan Deangelos Williams v. State, 422 So. 3d 1155 (Fla. 5th DCA 2025)
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Walker v. State, 288 So. 3d 694 (Fla. 4th DCA 2019)