Florida District Courts of Appeal, 2015

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided December 11, 2015 · Altenbernd, Kelly, LaROSE, Per Curiam
188 So. 3d 874; 2015 Fla. App. LEXIS 18497; 2015 WL 8534420 (Southern Reporter, Third Series)

Johnson v. State

Opinion

PER CURIAM.

Deante Johnson appeals his judgments and sentences for kidnapping and battery. We affirm in all respects except for the written sentence for kidnapping, which we remand for correction of a scrivener’s error.

Although the trial court orally pronounced that it found Mr. Johnson to be a habitual felony offender and a prison re-leasee reoffender, it explained that Mr. Johnson was to be sentenced only as a prison releasee reoffender with respect to his sentence on count two, i.e, the sentence of life imprisonment for kidnapping. However, on the written sentence form for what appears to be special provisions applicable to the sentence on count two, the boxes for habitual felony offender sentencing and prison releasee reoffender sentencing were both marked with an “X.” On this form, it is clear that the habitual felony offender box is to be marked only when a defendant is both adjudicated to be a habitual felony offender and sentenced as a habitual felony offender. - The State admits that the written sentence is inconsistent with the, oral pronouncement. Accordingly, we remand with directions that this scrivener’s error be corrected.

Affirmed; remanded to correct scrivener’s error.

ALTENBERND, KELLY, and LaROSE, JJ, Concur.

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