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Mountjoy v. State

District Court of Appeal of Florida, Fifth District.
Oct 27, 2017
228 So. 3d 726 (Fla. Dist. Ct. App. 2017)
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Summary

affirming order denying relief under rule 3.800 but remanding to correct scrivener's error in judgment listing wrong offense

Summary of this case from Saviory v. State
See 2 Summaries

Opinion

Case No. 5D17–2676

10-27-2017

Rodney Craig MOUNTJOY, Appellant, v. STATE of Florida, Appellee.

Rodney Craig Mountjoy, Perry, pro se. No Appearance for Appellee.

PER CURIAM.

Rodney Craig Mountjoy, Perry, pro se.

No Appearance for Appellee.

PER CURIAM.

We affirm the postconviction court's denial of Appellant's Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. See Anderson v. State, 42 Fla. L. Weekly D1870 (Fla. 1st DCA Aug. 28, 2017). However, we note that the judgment and sentence contains a scrivener's error. The judgment and sentence reflects that Appellant was charged and convicted of trafficking in 28 grams or more of oxycodone, when he was actually charged and convicted of trafficking in 28 grams or more of hydrocodone. We therefore remand with directions that the court correct the judgment and sentence.

AFFIRMED; REMANDED to correct scrivener's error.

ORFINGER, BERGER and LAMBERT, JJ., concur.

Summaries of

Mountjoy v. State

District Court of Appeal of Florida, Fifth District.
Oct 27, 2017
228 So. 3d 726 (Fla. Dist. Ct. App. 2017)

affirming order denying relief under rule 3.800 but remanding to correct scrivener's error in judgment listing wrong offense

Summary of this case from Saviory v. State

affirming an order denying relief under rule 3.800 but remanding to correct a scrivener's error in the judgment listing the wrong offense

Summary of this case from Herrera v. State
Case details for

Mountjoy v. State

Case Details

Full title:Rodney Craig MOUNTJOY, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Oct 27, 2017

Citations

228 So. 3d 726 (Fla. Dist. Ct. App. 2017)

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