Howard v. State
This text of 128 So. 3d 929 (Howard 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.
Opinion
We affirm Appellant’s convictions and sentences. However, due to an apparent scrivener’s error, the written sentence is ambiguous as to the intended sentence structure. Given the oral pronouncement of concurrent twenty-year terms for the two counts of which Appellant was convicted, the court’s intent is clear from a review of the entire record. We, therefore, remand this case for correction of the written sentence to conform to the oral pronouncement. See Bryant v. State, 124 So.3d 256 (Fla. 1st DCA 2013). Appellant need not be present for the correction of this clerical error. Id.
AFFIRMED and REMANDED.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
128 So. 3d 929, 2013 WL 6696113, 2013 Fla. App. LEXIS 20244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-state-fladistctapp-2013.