Dalkeith v. State, 263 So. 3d 243 (2019)

Jan. 23, 2019 · District Court of Appeal of Florida, Third District · No. 3D18-1333

263 So. 3d 243

Morris DALKEITH, Appellant,
v.
The STATE of Florida, Appellee.

No. 3D18-1333

District Court of Appeal of Florida, Third District.

Opinion filed January 23, 2019.

Carlos J. Martinez, Public Defender, and Jeffrey Paul DeSousa, Assistant Public Defender, for appellant.

Ashley Brooke Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellee.

Before LOGUE and HENDON, JJ., and LUCK, Associate Judge.

PER CURIAM.

The defendant, Morris Dalkeith, appeals his conviction for trespass in a conveyance. We affirm, but remand for correction of the judgment to reflect that trespass in a conveyance is a second-degree misdemeanor, §§ 810.08(1) & (2)(a), Fla. Stat. (2018), not a first-degree misdemeanor as listed in the judgment. As counsel for the parties candidly admit that the error was a scrivener's error, not judicial error, which when corrected will not affect the defendant's sentence, the judgment may be corrected without conducting a new sentencing hearing. Malone v. State, 225 So.3d 335, 335 (Fla. 3d DCA 2017).

Affirmed and remanded with instructions.