Summary
affirming judgment and sentence but remanding with directions that an error in the judgment be corrected where the error was "not the result of a judicial determination, but rather a scrivener's error in the preparation of the written document"
Summary of this case from Gonzalez v. StateOpinion
Case No. 2D03-2408.
Opinion filed March 5, 2004.
Appeal from the Circuit Court for Hillsborough County, J. Rogers Padgett, Judge.
James Marion Moorman, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Anne Sheer Weiner, Assistant Attorney General, Tampa, for Appellee.
Jimmy Lee Newson challenges his judgment and sentence for burglary, aggravated assault, and petit theft. We affirm in all respects except for the written judgment, which we remand for correction of a scrivener's error.
The trial court orally imposed concurrent sentences of ten years' imprisonment. The written judgment, however, reflects consecutive sentences for a total of twenty years' imprisonment. The State admits that the written sentence is inconsistent with the oral pronouncement. This error is not the result of a judicial determination, but rather a scrivener's error in the preparation of the written document. See Fla. R. Civ. P. 3.800 court commentary. Accordingly, we remand with directions that this scrivener's error be corrected.
Affirmed; remanded to correct scrivener's error.
SILBERMAN and COVINGTON, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED