Florida District Courts of Appeal, 2018

Howard v. State

Howard v. State
Florida District Courts of Appeal · Decided December 21, 2018
259 So. 3d 323 (Southern Reporter, Third Series)

Howard v. State

Opinion of the Court

PER CURIAM.

We affirm Travis Howard's convictions for attempted manslaughter by act and robbery with a firearm discharge without further comment. However, we remand for entry of an appropriate written competency order, nunc pro tunc, consistent with *324the trial court's oral findings. See Rumph v. State, 217 So.3d 1092, 1095 (Fla. 5th DCA 2017). Additionally, the judgment incorrectly lists attempted manslaughter by act as a life felony when it is a third-degree felony. See §§ 777.04(4)(a); 782.07(1), Fla. Stat. (2016). The judgment also lists robbery with a firearm as a first-degree felony when it is a first-degree felony punishable by life. § 812.13(2)(a), Fla. Stat. (2016). On remand, these scrivener's errors shall be corrected. No resentencing is required.

AFFIRMED and REMANDED.

ORFINGER, TORPY and EVANDER, JJ., concur.

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