Flowers v. State

District Court of Appeal of Florida

Flowers v. State

16 So. 3d 1047, 2009 Fla. App. LEXIS 13353, 2009 WL 2877618

District Court of Appeal of Florida·Decided September 10, 2009·No. 1D08-2328·Published·Cited by 1 cases

Opinion

PER CURIAM.

Darien Flowers, Appellant, pled guilty to armed robbery. He appeals the judgment and sentence. We affirm in all respects, but we remand for correction of a scrivener’s error appearing in the written judgment. The written judgment erroneously lists Appellant’s crime as a life felony, rather than a first-degree felony punishable by life imprisonment. See § 812.13(2)(a), Fla. Stat. (2007). Appellant need not be present for the correction of this scrivener’s error. See Netterville v. State, 673 So.2d 986, 986 (Fla. 1st DCA 1996).

AFFIRMED and REMANDED with directions.

WEBSTER, DAVIS, and LEWIS, JJ., concur.

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PER CURIAM.

Darien Flowers, Appellant, pled guilty to armed robbery. He appeals the judgment and sentence. We affirm in all respects, but we remand for correction of a scrivener’s error appearing in the written judgment. The written judgment erroneously lists Appellant’s crime as a life felony, rather than a first-degree felony punishable by life imprisonment. See § 812.13(2)(a), Fla. Stat. (2007). Appellant need not be present for the correction of this scrivener’s error. See Netterville v. State, 673 So.2d 986, 986 (Fla. 1st DCA 1996).

AFFIRMED and REMANDED with directions.

WEBSTER, DAVIS, and LEWIS, JJ., concur.

Flowers v. State, 16 So. 3d 1047, 2009 Fla. App. LEXIS 13353, 2009 WL 2877618 (Fla. Ct. App. 2009).

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