Opinion
Case No. 2D17-3167
02-06-2019
Jose Enrique GONZALEZ, DOC #C11749, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II, Public Defender, and Terrence E. Kehoe, Special Assistant Public Defender, Bartow, for Appellant. Ashley Brooke Moody, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.
Howard L. Dimmig, II, Public Defender, and Terrence E. Kehoe, Special Assistant Public Defender, Bartow, for Appellant.
Ashley Brooke Moody, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.
BADALAMENTI, Judge.
Jose Enrique Gonzalez appeals his jury convictions and concurrent life sentences for first-degree murder and sexual battery with actual physical force likely to cause serious personal injury. Gonzalez argues that the July 11, 2018, amended judgment does not indicate that Gonzalez was found guilty by a jury. The State concedes this scrivener's error. Accordingly, we remand with directions that the trial court correct the scrivener's error contained in the amended judgment to reflect that Gonzalez was found guilty by a jury. See Newson v. State, 867 So.2d 603, 603 (Fla. 2d DCA 2004) (affirming judgment and sentence but remanding with directions that an error in the judgment be corrected where the error was "not the result of a judicial determination, but rather a scrivener's error in the preparation of the written document"); Taylor v. State, 242 So.3d 1203, 1204 (Fla. 5th DCA 2018) ("We also remand for the trial court to correct the scrivener's error in the judgment, which failed to indicate that Taylor was tried by a jury and found guilty."). We affirm Gonzalez's jury convictions and concurrent life sentences in all other respects.
While this appeal was pending, Gonzalez filed a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2). The trial court granted that motion and ordered that the judgment be amended to comport with the court's oral pronouncement. That amended judgment, however, neglects to indicate that Gonzalez was convicted after a jury trial.
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Affirmed; remanded to correct scrivener's error.
KHOUZAM, J., and CASE, JAMES R., ASSOCIATE SENIOR JUDGE, Concur.