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Gomez-Feliciano v. State

District Court of Appeal of Florida, Fifth District.
Jul 5, 2013
117 So. 3d 84 (Fla. Dist. Ct. App. 2013)

Opinion

No. 5D12–4201.

2013-07-5

Jose GOMEZ–FELICIANO, Appellant, v. STATE of Florida, Appellee.

3.800 Appeal from the Circuit Court for Orange County, Bob Leblanc, Judge. Jose Gomez–Feliciano, Perry, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.


3.800 Appeal from the Circuit Court for Orange County, Bob Leblanc, Judge.
Jose Gomez–Feliciano, Perry, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
GRIFFIN, J.

Appellant, Jose Gomez–Feliciano, appeals the trial court's summary denial of his “Motion to Correct Illegal Sentence” filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We find no merit in any issue raised by appellant and affirm. We do, however, note a scrivener's error in the written sentence on Count II. Although appellant was adjudicated a habitual violent felony offender [“HVFO”] on several of the counts of which he was convicted (Counts I, III, IV and V), the sentencing transcript shows that he was not sentenced as an HVFO on Count II. We accordingly remand for removal of the HVFO designation on Count II only.

AFFIRMED; sentence remanded for correction.

ORFINGER and WALLIS, JJ., concur.


Summaries of

Gomez-Feliciano v. State

District Court of Appeal of Florida, Fifth District.
Jul 5, 2013
117 So. 3d 84 (Fla. Dist. Ct. App. 2013)
Case details for

Gomez-Feliciano v. State

Case Details

Full title:Jose GOMEZ–FELICIANO, Appellant, v. STATE of Florida, Appellee.

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

Date published: Jul 5, 2013

Citations

117 So. 3d 84 (Fla. Dist. Ct. App. 2013)