NATOYA CUNNINGHAM
v.
STATE OF FLORIDA
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Convictions and sentences are affirmed, but the case is remanded to correct scrivener's errors where the scoresheet and judgment incorrectly cite specific subparagraphs of section 784.045(1)(a) when the jury made no finding as to the basis for the aggravated battery charge.
[1] A trial court must correct scrivener's errors in sentencing documents when a statutory offense citation includes a subparagraph designation that does not correspond to a…
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Join FLexlaw to unlock all legal intelligenceCunningham was convicted of aggravated battery in Martin County. The trial court's scoresheet listed section 784.045(1)(a)2. as the primary offense wh…
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PER CURIAM. We affirm appellant’s convictions and sentences without discussion. See Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022). However, we remand for correction of scrivener’s errors in the scoresheet and judgment. The scoresheet lists section 784.045(1)(a)2., Florida Statutes, as the primary offense and the judgment states that appellant was convicted under section 784.045(1)(a)1., Florida Statutes. Both appellant and the state agree that the scoresheet and judgment should cite section 784.045(1)(a) without referencing any specific subparagraph because the jury did not make a finding as to whether the aggravated battery was based on great bodily harm or the use of a deadly weapon. Accordingly, on remand, the trial court shall make these corrections.
Affirmed and remanded with instructions. GROSS, CONNER and FORST, JJ., concur.
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