Florida District Courts of Appeal, 2006

Jackson v. State

Jackson v. State
Florida District Courts of Appeal · Decided August 24, 2006 · Lewis, Thomas, Wolf
936 So. 2d 1172; 2006 Fla. App. LEXIS 14286; 2006 WL 2433314 (Southern Reporter, Second Series)

Jackson v. State

Opinion of the Court

PER CURIAM.

We affirm Appellant’s judgment and sentence but remand for correction of a scrivener’s error contained in the written judgment and sentence. See Williams v. State, 930 So.2d 851 (Fla. 2d DCA 2006) (remanding for correction of scrivener’s error in the written sentence); Diaz v. State, 910 So.2d 894 (Fla. 1st DCA 2005) (remanding for correction of scrivener’s error in the judgment). Appellant filed a rule 3.800(b)(2) motion seeking to have the sentencing documents corrected to reflect that the habitual felony offender classification applies only to Count I. While the oral pronouncement made clear that the habitual offender classification applies only to Count I, the written judgment and sentence does not so specify. Therefore, the judgment and sentence must be corrected to reflect that the habitual offender sentence imposed by the court applies only to Count I, and not to Counts II and IV. Because this is a ministerial act, Jackson’s presence is not required.

AFFIRMED and REMANDED with directions.

WOLF, LEWIS and THOMAS, JJ., concur.

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