Florida District Courts of Appeal, 2012

Mays v. State

Mays v. State
Florida District Courts of Appeal · Decided May 2, 2012 · Ciklin, Conner, Hazouri
88 So. 3d 332; 2012 WL 1520862; 2012 Fla. App. LEXIS 6889 (Southern Reporter, Third Series)

Mays v. State

Opinion of the Court

PER CURIAM.

We grant Justin Mays’ petition for writ of habeas corpus alleging ineffective assistance of appellate counsel so that the trial court may correct a scrivener’s error contained in the petitioner’s judgment. See Sinyard v. State, 799 So.2d 1067 (Fla. 2d DCA 2000); see also Fla. R.App. P. 9.141(d). Mays’ judgment incorrectly lists one of his charges as “Count 3” (Criminal Solicitation) instead of “Count 5” (also Criminal Solicitation). Count 3 of the information charged Mays’ codefendant— Hakam Sueliman — not Mays. Mays, however, was charged with Criminal Solicitation under Count 5. We direct the trial court to enter a corrected judgment. The remaining claims raised are denied without comment.

Petition Granted in part; Denied in part; and Remanded.

HAZOURI, CIKLIN and CONNER, JJ., concur.

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