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Howard v. State

District Court of Appeal of Florida, First District.
Dec 20, 2013
128 So. 3d 929 (Fla. Dist. Ct. App. 2013)

Opinion

No. 1D13–564.

2013-12-20

Robert Lee HOWARD, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Duval County. Mallory D. Cooper, Judge. Nancy A. Daniels, Public Defender, and Richelle M. Marsico, Assistant Public Defender, Tallahassee, for Appellant; Robert Lee Howard, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


An appeal from the Circuit Court for Duval County. Mallory D. Cooper, Judge.
Nancy A. Daniels, Public Defender, and Richelle M. Marsico, Assistant Public Defender, Tallahassee, for Appellant; Robert Lee Howard, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
PER CURIAM.

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. THOMAS, RAY, and MAKAR, JJ., concur.


Summaries of

Howard v. State

District Court of Appeal of Florida, First District.
Dec 20, 2013
128 So. 3d 929 (Fla. Dist. Ct. App. 2013)
Case details for

Howard v. State

Case Details

Full title:Robert Lee HOWARD, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Dec 20, 2013

Citations

128 So. 3d 929 (Fla. Dist. Ct. App. 2013)