Byrd v. State, 266 So. 3d 883 (2019)

March 29, 2019 · District Court of Appeal of Florida, Fifth District · Case No. 5D18-2755

266 So. 3d 883

Willie Lee BYRD, Appellant,
v.
STATE of Florida, Appellee.

Case No. 5D18-2755

District Court of Appeal of Florida, Fifth District.

Opinion filed March 29, 2019

James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIUM.

Appellant appeals his judgment and sentence for armed burglary of a dwelling (Count 1), robbery with a deadly weapon (Count 2), and petit theft of property more than $ 100 but less than $ 300 (Count 4). We affirm the judgment and sentence but remand for the correction of several scrivener's errors. For Count 1, the trial court is instructed to amend the judgment¹ and sentence to reflect that Appellant pled guilty to a second-degree felony. For Count 2, the trial court is instructed to enter an order of probation that more clearly reflects what portion of the prison sentence is to be withheld or stayed during the five-year probationary period; however, the probationary period cannot be served concurrently with the incarceration portion of the sentence imposed under Count 1. Finally, for Count 4, the court must amend the sentence to read 364 days instead of 365 days so as to conform to the orally pronounced sentence.

AFFIRMED; REMANDED FOR CORRECTION OF SCRIVENER'S ERRORS.

COHEN, EDWARDS and EISNAUGLE, JJ., concur.

1 The amended judgment dated August 13, 2018, was not rendered until August 28, 2018, hours after Appellant's counsel filed a notice of appeal which divested the trial court of jurisdiction to amend the original judgment.

--------