MARQUISE DEON JONES
v.
STATE OF FLORIDA

Fla. 6th DCA | 2024-10-14
No. 6D2023-1566
49 Fla. L. Weekly D1794 2024 FL 11958 Florida District Court of Appeal, Sixth District (2024) Positive Treatment
Also reported at: 349 So. 3d 479 · 338 So. 3d 1098
Cited by 6 cases

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Synopsis

Marquise Deon Jones appealed from a judgment and sentence to correct a scrivener's error in the judgment following his negotiated plea. The trial court failed to rule on his Rule 3.800(b) motion within sixty days, which caused the motion to be deemed denied, but the State conceded the error and the appellate court affirmed and remanded for correction.

Holding

The appellate court affirmed the judgment and sentence and order of probation and remanded the case for the trial court to correct the scrivener's error on count four to reflect that Jones pleaded nolo contendere and was adjudicated guilty of petit theft, a second-degree misdemeanor, under section 812.014(3)(a), Florida Statutes.

Headnotes

[1] A scrivener's error in a criminal judgment that mischaracterizes the offense of conviction may be corrected by remand even after judgment is final when the error is conce…

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Key Quotes

“[QUOTE REDACTED — failed verbatim audit (paraphrase, not verbatim). See original_text for the text as originally displayed.]”

Establishes that Jones properly preserved the scrivener's error claim and that the trial court's failure to rule resulted in a deemed denial of the motion.

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Facts & Procedural History

Jones entered into a negotiated plea agreement and received a judgment and sentence with an order of probation. Count four of the judgment contained a…

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Topics
Appeal From Judgment And Sentence Adjudication Of Guilt Negotiated Plea Agreement Scrivener'S Error

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Opinion of the Court

Appeal from the Circuit Court for Orange County.

Elaine A. Barbour, Judge.

October 14, 2024 GANNAM, J.

Marquise Deon Jones appeals from a judgment and sentence and order of probation resulting from a negotiated plea, to correct a scrivener’s error in the judgment.1 Jones preserved the error by filing a motion under Florida Rule of

Criminal Procedure 3.800(b) while the appeal was pending, which motion is deemed

We affirm the judgment and sentence and order of probation; and we remand for the trial court to correct the scrivener’s error in the judgment to reflect that, on count four, Appellant pleaded nolo contendere to, and was adjudicated guilty of,

petit theft, a second-degree misdemeanor, under section 812.014(3)(a), Florida

Statutes. See White v. State, 49 Fla. L. Weekly D1810b, 2024 WL 3997917 (Fla. 6th

DCA Aug. 30, 2024); Addison v. State, 49 Fla. L. Weekly D1794, 2024 WL 3957129 (Fla. 1st DCA Aug. 28, 2024); Carrion v. State, 349 So. 3d 479, 480 (Fla. 2d DCA

2022); Rivas v. State, 338 So. 3d 1098, 1099 (Fla. 5th DCA 2022). Jones need not be present when the trial court makes this correction.

AFFIRMED and REMANDED for correction. WOZNIAK and SMITH, JJ., concur. Howard L. “Rex” Dimmig, II, Public Defender, and Matthew J. Salvia, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.

Footnotes
1 This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.
2 denied because the trial court did not rule on the motion within sixty days. See Fla. R. Crim. P. 3.800(b)(2)(B). The State concedes the scrivener’s error.

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Citator

Cited By

  • Marquise Deon Jones v. State, 49 Fla. L. Weekly D1794 (Fla. 6th DCA 2024)
    …the judgment to reflect that, on count four, Appellant pleaded nolo contendere to, and was adjudicated guilty of, petit theft, a second-degree misdemeanor, under section 812.014(3)(a), Florida Statutes. See White v. State, 49 Fla. L. Weekly D1810b, 2024 WL 3997917 (Fla. 6th DCA Aug. 30, 2024); Addison v. State, 49 Fla. L. Weekly D1794, 2024 WL 3957129 (Fla. 1st DCA Aug. 28, 2024); Carrion v. State, 349 So. 3d 479, 480 (Fla. 2d DCA 2022); Rivas v. State, 338 So. 3d 1098, 1099 (Fla. 5th DCA 2022). Jones need no…
    1 / 3
  • Seneca Levail Addison v. State (Fla. 1st DCA 2024)

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