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Henderson v. State

District Court of Appeal of Florida, Fifth District.
May 10, 2012
87 So. 3d 14 (Fla. Dist. Ct. App. 2012)

Opinion

No. 5D12–234.

2012-05-10

Paul L. HENDERSON, Appellant, v. STATE of Florida, Appellee.

3.800 Appeal from the Circuit Court for Orange County, Renee A. Roche, Judge. Paul L. Henderson, Lake City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


3.800 Appeal from the Circuit Court for Orange County, Renee A. Roche, Judge.
Paul L. Henderson, Lake City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.
SAWAYA, J.

We affirm the trial court's summary denial of Defendant's Motion to Correct Illegal Sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). However, we remand this case to the trial court to strike the sentence imposed for Count II because Defendant was acquitted of the charges alleged in that count. The sentence imposed in the sentencing order attached to the judgment of conviction is an obvious scrivener's error that should be corrected.

AFFIRMED and REMANDED.

GRIFFIN and PALMER, JJ., concur.


Summaries of

Henderson v. State

District Court of Appeal of Florida, Fifth District.
May 10, 2012
87 So. 3d 14 (Fla. Dist. Ct. App. 2012)
Case details for

Henderson v. State

Case Details

Full title:Paul L. HENDERSON, Appellant, v. STATE of Florida, Appellee.

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

Date published: May 10, 2012

Citations

87 So. 3d 14 (Fla. Dist. Ct. App. 2012)