Sanchez v. State

Full title: Luis SANCHEZ, Appellant, v. The STATE of Florida, Appellee.

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

Date published: Apr 20, 2022

338 So. 3d 1055 (Fla. Dist. Ct. App. 2022)

Opinion

No. 3D21-2279

04-20-2022

Luis SANCHEZ, Appellant, v. The STATE of Florida, Appellee.

Luis Sanchez, in proper person. Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

PER CURIAM.

Luis Sanchez, in proper person.

Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

Before SCALES, LINDSEY, and MILLER, JJ.

PER CURIAM. We affirm the order on appeal and remand for correction of the judgment. Defendant properly contends the judgment should be corrected to note the correct classification of the armed robbery counts (counts 1, 3, 5, 7 & 13) as first-degree felonies punishable by life in prison (1PBL). See § 812.13(2)(a), Fla. Stat. (2021). This correction can be made without the defendant being present because it was clerical error. See White v. State, 41 So. 3d 257 (Fla. 3d DCA 2010).

Affirmed and remanded with instructions.