Summary
affirming appellant's conviction and sentence without prejudice for appellant to file a rule 3.800(b) motion to correct error in sentencing order despite State's concession of error
Summary of this case from Carrion v. StateOpinion
No. 3D19-1559
07-01-2020
Vicente DEL ROSARIO, Appellant, v. The STATE of Florida, Appellee.
Vicente Del Rosario, in proper person. Ashley Moody, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.
Vicente Del Rosario, in proper person.
Ashley Moody, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.
Before SCALES, LINDSEY and GORDO, JJ.
PER CURIAM.
We affirm appellant Vicente Del Rosario's conviction and sentence, without prejudice to appellant filing a timely motion to correct what the State concedes is a scrivener's error in the sentencing order. See Fla. R. Crim. P. 3.800(b) ; Perkins v. State, 53 So. 3d 1141, 1141 (Fla. 2d DCA 2011) ("We cannot address this apparent [scrivener's] error in this appeal because it was not preserved either before this appeal by objection in the trial court or while this appeal was pending by the filing of a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).... However, our affirmance is without prejudice to any right Perkins may have to raise this apparent error in the trial court.").
The sentencing order imposes a fine pursuant to section 775.083 of the Florida Statutes rather than section 893.135(b)1.a. of the Florida Statutes.
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Affirmed.