Gomez-Feliciano v. State

District Court of Appeal of Florida

Gomez-Feliciano v. State

117 So. 3d 84, 2013 WL 3357516, 2013 Fla. App. LEXIS 10760

CourtDistrict Court of Appeal of Florida

DecidedJuly 5, 2013

DocketNo. 5D12-4201

StatusPublished

This text of 117 So. 3d 84 (Gomez-Feliciano v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gomez-Feliciano v. State, 117 So. 3d 84, 2013 WL 3357516, 2013 Fla. App. LEXIS 10760 (Fla. Ct. App. 2013).

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Opinion

GRIFFIN, J.

Appellant, Jose Gomez-Feliciano, appeals the trial court’s summary denial of his “Motion to Correct Illegal Sentence” filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We find no merit in any issue raised by appellant and affirm. We do, however, note a scrivener’s error in the written sentence on Count II. Although appellant was adjudicated a habitual violent felony offender [“HVFO”] on several of the counts of which he was convicted (Counts I, III, IV and V), the sentencing transcript shows that he was not sentenced as an HVFO on Count II. We accordingly remand for removal of the HVFO designation on Count II only.

AFFIRMED; sentence remanded for correction.

ORFINGER and WALLIS, JJ., concur.

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GRIFFIN, J.

Appellant, Jose Gomez-Feliciano, appeals the trial court’s summary denial of his “Motion to Correct Illegal Sentence” filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We find no merit in any issue raised by appellant and affirm. We do, however, note a scrivener’s error in the written sentence on Count II. Although appellant was adjudicated a habitual violent felony offender [“HVFO”] on several of the counts of which he was convicted (Counts I, III, IV and V), the sentencing transcript shows that he was not sentenced as an HVFO on Count II. We accordingly remand for removal of the HVFO designation on Count II only.

AFFIRMED; sentence remanded for correction.

ORFINGER and WALLIS, JJ., concur.

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Bluebook (online)

117 So. 3d 84, 2013 WL 3357516, 2013 Fla. App. LEXIS 10760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gomez-feliciano-v-state-fladistctapp-2013.