Summary
affirming the convictions and sentences in an Anders appeal but remanding for correction of a scrivener's error in the written sentencing order
Summary of this case from Peavey v. StateOpinion
No. 4D14–1587.
08-05-2015
Jose Luis RAYA, Appellant, v. STATE of Florida, Appellee.
Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, and Jose Luis Raya, Live Oak, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.
Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, and Jose Luis Raya, Live Oak, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.
ON MOTION FOR REHEARING
PER CURIAM.
By order we granted rehearing and withdrew our opinion in Raya v. State, 2014 WL 4988391 (Fla. 4th DCA 2014). Having now considered appellant's pro se brief, we issue the following opinion.
Jose Luis Raya appeals the convictions and sentences imposed after he entered a plea of no contest to second degree murder and felonious possession of a firearm. After reviewing the record, we grant appellate counsel's motion to withdraw filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and we affirm the conviction and sentences. We find no merit to the claim raised in appellant's pro se initial brief.
Nevertheless, we remand for the correction of a scrivener's error in the written sentencing order for count 2. At sentencing, the court orally pronounced that the sentence in count 2 would run concurrently with the sentence imposed in count 1. However, the written sentencing order indicates that count 2 “shall run Consecutive to/Concurrent” the sentence in count 1. On remand, the trial court is directed to correct the written sentencing order so that it is consistent with the oral pronouncement. See Simmons v. State, 106 So.3d 507 (Fla. 4th DCA 2013) (affirming and remanding for correction of a scrivener's error in written judgment in an Anders appeal).
Affirmed and remanded with instructions.
DAMOORGIAN, CONNER and FORST, JJ., concur.