EXCER LOPEZ CHAVEZ v. STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: August 9, 2024
• Docket: 2023-1859
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 6D2023-1859 Lower Tribunal No. 2022CF001218XXXAXX _____________________________

EXCER LOPEZ CHAVEZ,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

Appeal from the Circuit Court for Osceola County. Mikaela Nix-Walker, Judge.

August 9, 2024

PER CURIAM.

Excer Lopez Chavez appeals his conviction for lewd or lascivious battery

imposed after jury trial. Concluding that Chavez has not shown harmful error

regarding his conviction, we affirm.

We do, however, agree with Chavez that ministerial errors appear on the face

of the judgment that should be corrected. Accordingly, on remand, the trial court is

directed to amend the written judgment to include that Chavez was tried by a jury

and to correct the statutory citation to show that Chavez was convicted of violating section 800.04(4)(a)1., Florida Statutes. Lastly, as Chavez was found not guilty on

a second count, the judgment of not guilty should be recorded. See Fla. R. Crim. P.

3.670(a) (“If the defendant is found not guilty, a judgment of not guilty must be

rendered in open court and in writing, signed by a judge, filed, and recorded.”).

Chavez’s presence is not required when the judgment is corrected as indicated.

AFFIRMED; REMANDED for ministerial corrections to the judgment.

STARGEL and SMITH, JJ., and LAMBERT, B.D., Associate Judge, concur.

Howard L. “Rex” Dimmig, II, Public Defender, and Terrence E. Kehoe, Special Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED