Opinion
Case No. 5D19-3030
06-05-2020
Michael W. PALMER, Appellant, v. STATE of Florida, Appellee.
Michael W. Palmer, Miami, pro se. Ashley Moody, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.
Michael W. Palmer, Miami, pro se.
Ashley Moody, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.
EVANDER, C.J.
Michael Palmer appeals the summary dismissal of his motion to correct a clerical error in his judgment and sentencing documents. Because the record establishes that Palmer was entitled to the requested relief, we reverse.
In 1997, Palmer was convicted, after trial, of first-degree murder and shooting into an occupied dwelling. The trial transcript reflects that the jury was instructed that the State could prove first-degree murder by either a theory of premeditated murder or a theory of felony murder. The jury returned a general verdict finding the defendant guilty of "murder in the 1st degree." However, the judgment incorrectly recited that Palmer was convicted of "1st Degree Premeditated Murder."
The evidence was sufficient to support a conviction under either theory.
In his motion, Palmer recited that he intends to apply to the Florida Office of Executive Clemency for a commutation of sentence. See generally § 940.01, Fla. Stat. (2019). He further argues that the judgment, which will be submitted as part of his application, should accurately reflect the nature of his conviction. We find merit to Palmer's argument.
It is axiomatic that a judgment should conform to the verdict of the jury. Wolfram v. State , 568 So. 2d 992, 995 (Fla. 5th DCA 1990) ; see also Hicks v. State , 411 So. 2d 1025, 1026 (Fla. 2d DCA 1982) ; Thrift v. State , 295 So. 2d 690, 691 (Fla. 1st DCA 1974). Furthermore, a trial court may, at any time, correct clerical errors in its judgments. See Rodgers v. State , 934 So. 2d 1207, 1221 (Fla. 2006) (stating that it would not be accurate for jury in new penalty phase to consider written final judgment which reflects that Rodgers pled guilty to attempted felony murder in prior case where it was clear that Rodgers pled guilty to attempted first-degree premeditated murder with firearm; error to be corrected by sentencing court in prior case before written judgment of conviction is admitted in new penalty phase in current case; affirming holding in Boggs that court of record may, even after term has expired, correct clerical mistakes in its own judgments and records); Boggs v. Wainwright , 223 So. 2d 316, 317 (Fla. 1969) (holding that court of record may, even after expiration of term, correct clerical errors in its judgments and decrees by nunc pro tunc order, which will, as general rule, relate back to and take effect as of date of judgment or decree so corrected); Drumwright v. State , 572 So. 2d 1029, 1030 (Fla. 5th DCA 1991) ("Florida has long recognized a court's inherent power to correct clerical errors.").
On remand, the trial court shall correct the clerical error in the judgment, so as to recite that Palmer was convicted of first-degree murder.
It is not necessary for us to address whether the correction of this clerical error will have a meaningful effect on the Florida Office of Executive Clemency's ultimate decision.
REVERSED and REMANDED, with instructions.
LAMBERT and GROSSHANS, JJ., concur.