Opinion
No. 2D22-516.
12-28-2022
William Marvin LAMOORE, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II , Public Defender, and Pamela H. Izakowitz , Assistant Public Defender, Bartow, for Appellant. Ashley Moody , Attorney General, Tallahassee, and Elba Caridad Martin , Assistant Attorney General, Tampa, for Appellee.
Howard L. Dimmig, II , Public Defender, and Pamela H. Izakowitz , Assistant Public Defender, Bartow, for Appellant.
Ashley Moody , Attorney General, Tallahassee, and Elba Caridad Martin , Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.
William Marvin LaMoore appeals his judgment and sentence for twenty counts of possession of child pornography following his no contest plea. Mr. LaMoore was sentenced to fifteen years' imprisonment on the first count and five years' sex offender probation on counts two through twenty, consecutive to count one.
The written judgment entered in this case indicates the counts and convictions as third-degree felonies under section 827.071(5)(a), Florida Statutes (2021), without the additional reclassification of the offenses to second-degree felonies pursuant to section 775.0847(2), Florida Statutes (2021). Accordingly, we remand for correction of the scrivener's error in the written judgment to reflect that Mr. LaMoore's charges and convictions were second-degree felonies. See Wingo v. State, 162 So.3d 1141, 1142 (Fla. 2d DCA 2015).
The State concedes there was a scrivener's error. In the corrected judgment and sentencing documents, the trial court is instructed to include the supervision order referenced in the written sentence as to counts two through twenty.
We find no merit in any of the other issues raised by Mr. LaMoore in this appeal.
Affirmed; remanded with instructions.
SILBERMAN, LUCAS, and LABRIT, JJ., Concur.