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890 So. 2d 428

Anderson v. State

District Court of Appeal of Florida

Decided December 29, 2004

District Court of Appeal of Florida · decided 2004-12-29

Cited by 2 later decisions — most recently September 2018

2 state decisions

Key passage — most relied on by later courts

“erroneously list[ed] the first-degree misdemeanor offense as a third-degree felony”

quoted by 1 later decision, including 253 So. 3d 769 - RENE LOUIS ISMER v. STATE OF FLORIDA

Good law ✅— No negative treatment on recordhow we know

Decided 2004-12-29

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm the appellant’s judgment and sentence, but remand for correction of scrivener’s errors contained in the written *429judgment.1 The judgment erroneously cites to section “322.26 or 28,” when the correct statutory citation for the offense of driving while license suspended or revoked as charged against the appellant is section 322.34(2)(b), Florida Statutes (2001). It also erroneously lists the first-degree misdemeanor offense as a third-degree felony. Accordingly, we affirm the appellant’s judgment and sentence in all respects, but remand for correction of the scrivener’s errors. The appellant need not be present for the correction of the errors.

¶2AFFIRMED and REMANDED with instructions.

ERVIN, DAVIS and HAWKES, JJ., concur.

¶3. We do not consider the state's notice of clerical error indicating a scrivener’s error in the appellant's written sentence because the state failed to file a timely motion pursuant to Florida Rule of Criminal Procedure 3.800(b).

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